Declaratory Judgments of Non-Infringement in China - 7 December 2023
The declaratory judgment of non-infringement is a relatively new type of case that has emerged in the field of intellectual property in recent years. Declaratory judgment of non-infringement allows an alleged infringer to file a lawsuit ...
The Hangzhou Internet Court Releases Ten Typical Cases on Judicial Protection of Data Rights and Interests - 29 November 2023
On 23 November 2023, at the 2nd Global Digital Trade Expo - Data Factor Governance and Marketization Forum, Chen Zengbao, President of Hangzhou Internet Court, wand released ten typical cases of judicial protection of data rights and interests. This article briefly summarizes the significance of the ten “typical” cases ...
.jpeg)
New Arbitration Rules for the Shanghai International Arbitration Center - 26 November 2023
On 7 November 2023, the Shanghai International Arbitration Center (“SHIAC”) issued a new version of its arbitration rules (“New Arbitration Rules”). The New Arbitration Rules will come into effect on 1 January 2024 ...
China Solicits Opinions for Amendments to its Customs Law - 17 November 2023
On 10 November 2023, the General Administration of Customs of the People’s Republic of China (GACC) issued a notice to solicit input for its latest proposed amendments to the Customs Law ...
How IP is Covered by China’s Criminal Law - 14 November 2023
China’s Criminal Law, adopted by the Second Session of the Fifth National People’s Congress on 1 July 1979, has been amended eleven times. The current version ...
.jpeg)
China Issues Guidelines for Judging the Object of Utility Model Patent Protection - 10 November 2023
On 2 November 2023, the China National Intellectual Property Administration released its Guidelines for Judging the Objects of Utility Model Patent Protection ...
.jpeg)
China’s Supreme Court Updates Appellate Jurisdiction of its Intellectual Property Tribunal - 7 November 2023
On October 27, 2023, the Supreme People’s Court promulgated the "Decision of the Court on Amending the Provisions of the Provisions of the Supreme People’s Court on Several Issues concerning the Intellectual Property Tribunal (Amendment)", which came into effect on November 1, 2023 ...
China’s SAMR Releases Implementation Guidelines for its Interview Measures for Abuse of Administrative Power Investigations - 1 November 2023
On 27 October 2023, China’s State Administration of Market Regulation announced Guidelines for the interpretation and enforcement of its Interview Measures dealing with anti-competitive behavior by administrative authorities ...
.jpeg)
China Lightens its Guidelines for Cross-Border Data Transfer - 10 October 2023
On 28 September 2023, the Cyberspace Administration of China published additional draft Guidelines dealing with cross-border data transfer, much to the cheers of international businesses ...
.jpeg)
China's Supreme Court Affirms Jurisdiction for Global SEP rates - 27 September 2023
As the world’s largest implementation country for standard essential patents, China has become a hotspot for litigation over cross-border standard essential patent royalty disputes in recent years. On 4 September 2023, China’s Supreme People’s Court made a final civil ruling that China is entitled to set global licensing rates for SEPs ..
.jpeg)
Compliance Audits for Personal Information Protection - China issues a new Draft Regulation for Public Comment - 7 September 2023
On 3 August, the Cyberspace Administration of China publicly invited opinions on the Measures for the Management of Compliance Audits on Personal Information Protection which clarify the definition of compliance audit of personal information protection, the applicable objects, the timeframe requirements, as well as ...
Update on China’s First AI-Generated Image Copyright Infringement Case - First Instance Decision Released - 9 December 2023
On 27 November 2023, the Beijing Internet Court delivered a first-instance judgment on the copyright infringement dispute of AI-generated images, which is the first case of copyright in the field related to AI-generated images.
China’s Latest AI Governance Measures - 20 November 2023
On 1 November 2023, the Bletchley Declaration, the world’s first international agreement on artificial intelligence, was issued at the AI Safety Summit held in the United Kingdom ...
China's Beijing IP Court issues List of Typical IP Protection Cases, including PVR - 21 November 2023
On 15 November 2023, the Beijing Intellectual Property Court held a press conference to inform the Beijing Intellectual Property Court about the intellectual property protection for plant variety rights (“PVR”) and other rights ...
China Releases Guidelines for Filing Design Applications under the Hague Agreement - 8 November 2023
On 3 November 2023, the CNIPA issued guidlines for the filing of international design patent applications ...
China’s Supreme People’s Court issues List of “Typical” Cases Involving the Protection of Personality Rights of Private Enterprises and Private Entrepreneurs - 30 October 2023
On 10 October 2023, the Supreme People’s Court issued the “Guiding Opinions on Optimizing the Rule of Law Environment and Promoting the Development and Strengthening of the Private Economy”, clarifying issues associated with the principle that personality rights of private enterprises and entrepreneurs are safeguarded under the Chinese law.
China’s SAMR Issues Revised Product Quality Law for Public Comment - 25 October 2023
On 18 September 2023, China's State Administration for Market Regulation (SAMR) issued a revised draft of the PRC Product Quality Law for public comment by 18 November 2023 ...
.jpeg)
China’s Supreme People’s Court Releases Typical Unfair Competition Case Analysis - 16 October 2023
On 14 September 2023, China’s Supreme People’s Court released five judicial typical cases on anti-unfair competition providing a reference for courts at all levels in China ...
.jpeg)
China’s Supreme People’s Court Releases Analysis of Typical Antitrust Cases - 19 October 2023
On 14 September 2023, China’s Supreme People's Court released five "typical" judicial anti-monopoly cases of 2023, providing a reference for courts at all levels in China ...
BARBIE gets a win in the Beijing IP Court, with fame in China noted - 12 October 2023
On October 28, 2015, Yunchong (Beijing) Animal Medical Technology Co., Ltd. (the Plaintiff) applied for the registration of No. 18179646A “芭比堂” which was preliminarily approved and published for opposition in relation to “animal breeding; artificial insemination (for animal); in vitro fertilization (for animal); aquaculture; pet cleaning; veterinarian assistance” in Class 44 ...
Beijing IP Court Determines Defensive Trademark Registration Does not Constitute Bad Faith - 21 September 2023
In 2022, the Beijing IP Court reversed a TRAB decision that recognized a trademark application among a lot of trademarks registered in a short term that lacked real intention to use and was rejected. Instead, the Court considered that ...
CNIPA Issues Revised Provisions on Geographical Indications for Public Comment - 21 September 2023
On 18 September 2023, the CNIPA issued the revised Provisions on Protection of Geographical Indication (GI) Products for public comment by 2 November 2023 ...
.jpeg)
China Enhances Business Name Registration Procedures and Protections - 8 September 2023
On 17 August 2023, the State Administration for Market Regulation issued Decree No. 82, amending and promulgating the “Measures for Implementing the Provisions on the Registration and Administration of Enterprise Names”, which will commence operation on 1 October 2023 ...