Location: Home > News & Publications > Publications
2022-06-22
Trademark practice - Analysis of Examination on “Trademark application filed in bad faith for purpose other than use”
In recent years, the number of trademark applications in China has been at the forefront of the world. In 2021 alone, the total number of new trademark applications in China was nearly 9.45 million. Especially with the explosive growth of small and micro enterprises and the rising of service-oriented consumption, the demand for trademark applications has been increasing rapidly.
More
2022-04-29
Patent practice - Filing Divisional Applications in China
Patent practice - Filing Divisional Applications in China
More
2022-02-28
Litigation practice - CHINA: Strict Penalties for Perjury
Successfully registering a trademark is not easy. After registration, the trademark owner still needs to do a few important things to keep it alive. Under the China Trademark Laws, registered trademarks can be canceled on the grounds of non-use for three consecutive years.
More
2022-02-28
Trademark practice - How to Defend a Trademark Cancellation Request for Non-use
Like many other countries, China also has a trademark cancellation procedure on the grounds of non-use. If a registered trademark has not been used for over three years, a third party may request to cancel it. The cancellation request is examined and decided by the Trademark Office of China National Intellectual Property Administration (CNIPA). If the parties are not satisfied by CNIPA's decision, they may apply for a review. If the review result is still not satisfying, they may appeal to the Beijing Intellectual Property Court.
More
2022-01-28
Patent practice - $6 Million for Patent Infringement?
The Chinese invention patent No. 2007800035278, titled “Systems and Methods for Diverting Objects”, is owned by Laitram LLC and is exclusively licensed to Intralox LLC (“Intralox”).
More
2021-12-30
Trademark practice - Changing Attitudes to Letters of Consent?
Due to a large number of existing trademarks, trademark registration applications in China are often rejected due to alleged conflicts with prior applications or registrations. A Letter of Consent (LoC) may provide a practical and efficient solution for such situations.
More
2021-12-30
Patent practice - Differences between Patent Search Reports and Patent Right Assessment Reports
The Patent Search Report (hereinafter referred to as "Search Report") is a search report that may be requested by anybody to suit their own specialized needs, including: novelty searches, existing technology/existing design searches, special searches, granted patent searches, legal status searches, searches of patent families, tracking searches, infringement analysis, patent invalidity searches, etc.
More
2021-12-01
Patent practice - Filing a PPH Request with the CNIPA
Patent Prosecution Highway (PPH) is a program to fast-track patent examination. It greatly speeds up the examination process for patent applications filed in participating intellectual property offices.
More
2021-11-01
Trademark practice - Company Sizes and Their Corresponding Trademark Registration Strategies
A trademark is defined as a distinct symbol that clarifies the origin of goods or services. Trademarks provide legal protection for a company’s brand while also playing a critical role in the company’s development. Trademarks differentiate the goods or services of one company from those of its competitors. When purchasing products, consumers will recognize the trademark and thus identify the company providing said products. Over time, consumers may begin to view recognizable trademarks as symbols for good quality or other positive traits. In this way, the influence of a trademark may lead to increased trust and reliance among consumers, contributing to the development of company.
More
2021-09-27
Copyright practice - CHINA: Are Video Games Works of Art?
Can random animations created by the player of a video game reflect the original creation of the game designers? Deliberation is pending in a case involving two game developers that will be an important reference for the determination of copyright in sandbox games (a video game in which the player is not constrained to achieving specific goals and that gives the player a great degree of creativity).
More
2021-08-31
Trademark practice - use of prior copyright in trademark opposition and invalidation
According to Article 32 of Chinese Trademark Law, no trademark application should infringe upon another party's existing prior rights. Prior rights include non-trademark rights obtained before trademark rights, such as copyright, design patent rights, name rights, trade name rights, portrait rights, and patent rights.
More
2021-07-30
Patent practice - determination and utilization of design freedom
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.
More
2021-07-02
Trademark practice - e-filing or paper-filing
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.
More
2021-07-02
Patent practice - the Chinese confidentiality examination: how much do you know?
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.
More
2021-05-28
Trademark practice - Meeting CNIPA requirements: IR extension in China
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).
More
2021-04-28
Patent practice - The significance of punitive damages of the revised Patent Law
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.
More
2021-04-28
Trademark practice - Attention: one-year quarantine period for invalid trademark registrations
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.
More
2021-04-06
Patent practice - tips on reducing the adverse impact of PCT international publication with a reproducibility issue
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.
More
2021-03-20
Trademark practice - when a suspension request could be accepted?
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.
More
2021-03-01
LEGO vs. LEPIN - strong protection of intellectual property in China
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.
More
First Previous 1 2 3 Next Last
Contact Us

Add:Suite 910, Tower A, Winner Plaza 100 Huangpu Avenue West, Tianhe District, Guangzhou, 510627, China

Tel:+86-(0)20-38033421

Fax:+86-(0)20-38061201

Web:https://www.jiaquanip.com

Copyright © Jiaquan IP Law. All Rights Reserved.