Keyword
July 30,2021
China’s Supreme People’s Court formally introduced a concept of "design freedom" at the time of the issuance of an Interpretation in 2016. The concept has been applied to the practices of design retrieval, infringement, and invalidation analysis. In combination of factors of “ordinary consumer” and "overall comprehensive judgment", a prediction of a court judgment can thus be made from more standard and objective analysis.    Read More
July 02,2021
An electronic trademark filing system (trademark e-filing system) has been available in China since 2017. Applicants can easily submit applications online rather than by postal service or by hand at CNIPA offices.    Read More
July 02,2021
Article 20.1 of Chinese Patent Law stipulates that in situations where an entity or individual intends to file a patent application abroad, for an invention or utility model developed in China, they shall file it in advance with the CNIPA for a confidentiality examination.    Read More
May 28,2021
The China National Intellectual Property Administration (CNIPA) currently abides by the 11th edition of the Nice Classification of Goods and Services (Nice Classification) and a standard classification manual containing Chinese descriptions of goods and services (Chinese Classification Manual). Accordingly, the CNIPA generally accepts descriptions of goods/services that comply with Nice Classification or the Chinese Classification Manual. Conversely, the CNIPA may or may not accept descriptions that do not comply (so-called non-standard descriptions).    Read More
April 28,2021
In China, there are mainly two principles for determining damages in patent infringement cases. One is the compensatory principle and the other is the punitive principle. Before the fourth revision to the Patent Law, China adopts the compensatory principle as the main criteria for determining damages, supplemented by the punitive principle. According to the Law, damages are firstly determined by the actual losses suffered by the patentee and then the profits gained by the infringer as a result of the infringement. However, it is generally difficult to access and prove the patentee’s losses or the infringer's profits.    Read More
April 28,2021
After a registration becomes invalid, could a later filed identical/ similar mark mature into a registration smoothly? In China, there is a one-year quarantine period described in Article 50 of the Chinese Trademark Law that any identical or similar trademarks shall not be approved within one year after a registration was expired, canceled, or invalidated.    Read More
April 06,2021
Sometimes we run into a PCT national phase entry which has drawings or datasheets on WIPO publication in so low resolution that we can barely recognize the information. CNIPA, as an elected Office, may not accept replacements of clear drawings or datasheets when the PCT application enters the Chinese national phase. The reason is that clearer drawings or datasheets can be considered as amendments beyond the original disclosure. This could be a real problem for the grant of a patent right especially for a biochemical invention when drawings usually reflect the experimental effects that are not indicated in the original specification.    Read More
March 20,2021
The efficiency of China's trademark examination has improved considerably in recent years, and it is no longer a lengthy process but a speedy outcome that bothers applicants nowadays. One of the most frequently asked questions is “when a request for suspension could be accepted?” We summarize the following points as per current practices for reference.    Read More
March 01,2021
On 29 December 2020, Shanghai High People’s Court ruled the final judgment on the “LEGO” infringement case, which involved a total amount of CNY330 million (USD51.1 million), to uphold the judgment in the first instance. The principal criminal Li and his accomplices were sentenced to fixed-term imprisonment and fines for copyright infringement. The judgment of this case undoubtedly proves to the public that China is determined to protect the rights and interests of intellectual property.    Read More
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