China - Blog

China has continued to strengthen patent protection through policy and legal regulations in recent years. The revised Rules for the Implementation of the Patent Law and Civil Procedure Law, implemented in January 2024, are the focus of this article.

I confess to be skeptical that trademark or patent infringement disputes in China stand a chance to be solved by mediation. If that was possible, foreign right holders would be the one to benefit the most, as mediation could be the best alternative to uncertain, lengthy and costly civil litigation.

A look at the causes and the solutions for a successful protection of trade secrets.

In China, the plaintiff has a higher burden of evidence gathering. This is especially so for intellectual property cases, such as patent infringement litigation, as the subject matter can be technical, and the infringing behavior can be difficult to find.

In a rapidly evolving global economy, innovation and creativity play pivotal roles in sustained growth and progress. While tangible assets have been protected by conventional property rights, IP is vital to intangible ideas and creations that are the foundation of creativity and innovation.

At present in China, removing prior obstacles by choosing to sign a coexistence agreement/consent with the owner of a cited trademark has become one of the ways for more and more trademark applicants to obtain trademark rights.

After a trademark is registered for 3 years in China, any party can file a non-use cancellation against the registered trademark. The registrant will then need to provide evidence of trademark use in the last 3 years (counting backward from the date of the non-use cancellation action filed).

The purpose of these guidelines is to help applicants to "understand the requirements on distinctiveness of unconventional trademarks like 3D trademarks, color combination trademarks", and to guide applicants to "correctly apply for registration and to use

The enactment of the Personal Information Protection Law (“PIPL”) in 2021 establishes a legal framework regulating foreign and domestic companies alike in collecting personal information (“PI”) in China and its cross-border transfer (or export, using interchangeably below).

It is essential that SMEs consider protecting their creations through intellectual property and efficiently manage these assets to reap the most from their investment in Europe.

CNIPA has issued the Regulation on Trademark Review and Adjudication for examiners (Regulation) The Regulation finally allows for suspension of trademark procedures.

In occasion of the World IP Day, we spoke with Catherine Heng Yee Huynh, a bi-cultural and enthusiastic Intellectual Property Law and Data Privacy lawyer based in Paris, France.

The International IP SME Helpdesks have joined forces hereby to address this issue by supporting women innovators in unlocking their innovative ideas. To do so, the Helpdesks have compiled initiatives being carried out by countries and IP national offices to support women in their IP journey.

On 24 February 2023, the Cyberspace Administration of China (“CAC”) published the Measures for the Standard Contract for Outbound Transfer of Personal Information (hereinafter referred to as the "Measures") and its annexes.

David Guetta using AI to deepfake Eminem in a song during live performance just happened earlier this February 2023

China looks set to make yet further significant revisions to its trademark law, with the IP Administration seeking public comments on its draft proposals last month. It will likely lead to a new law this or next year – the fifth revision of the law since its first enactment.

PRC Cyberspace Administration issued its Circular on the Draft of Regulation on Standard Contract for Outbound Cross-border Transfer of Personal Information (“the Draft”) on June 30, 2022, in order to seek public opinions. This article aims to briefly illustrate recent progress for this new legislat

PRC Anti-Monopoly Law (“AML”) which was enacted on August 30, 2007 and implemented since August 1, 2008, has been playing increasingly important role in the development and regulation of Chinese economy in last 15 years.

China’ Trademark Law provides no guidance for the suspension or coordination of dependent cases, although there are provisions in the rules of certain procedures. Fabio Giacopello of HFG shines a light onto this murky area and provides actionable advice.