On March 8, 2023, China acceded to the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (the “Convention”, also known as the Apostille Convention). On October 23, 2023, the China...more
The China National Intellectual Property Administration (“CNIPA”) recently released its Rules On Suspension of CNIPA Trademark Proceedings (the “Suspension Rules”) and related explanations. The Suspension Rules are intended...more
In order to strengthen the protection of the intellectual property rights and improve the quality control of trademark prosecution and enforcement, China issued a number of new regulations and practice guidelines in late...more
Unlike the current prohibitive policies on the trading and dealing of cryptocurrencies in China, the Chinese government has taken a more pragmatic approach towards non-fungible tokens (“NFTs”). It considers NFTs to be...more
Foreign brand owners whose brands are being infringed in other countries may have an avenue to pursue extraterritorial injunctions. In this two part post, we examine how two courts: one in Hong Kong and the other in the U.S....more
China has been speeding up its legislative efforts in protecting trademark rights and improving its trademark administration. In 2021, China issued a number of new rules and regulations on trademark practice....more
1/11/2022
/ Bad Faith ,
Brand ,
China ,
Corporate Counsel ,
Intellectual Property Protection ,
International Trademark Protection ,
Prior Use ,
Trademark Cancellation ,
Trademark Office ,
Trademark Registration ,
Trademarks
China, like the United States, is a party to the Berne Convention for the Protection of Literary and Artistic Works. As such, in general any literary or artistic work created in the US will also be protected in China....more
3/23/2021
/ Artistic Works ,
Artists ,
Berne Convention ,
China ,
Copyright ,
Copyright Registration ,
Customs ,
Enforcement ,
Intellectual Property Protection ,
Trademark Invalidity ,
Trademark Opposition Proceedings ,
Trademarks
An administrative enforcement action is one of the ways to enforce registered trademark rights in China against infringers, especially counterfeiters. Such enforcement actions are conducted by the Administration of Market...more
On March 26, 2020, the Chinese Supreme People’s Court (the “SPC”), the highest court in China and thus China’s equivalent to the United States Supreme Court, issued its re-trial decision, giving Michael Jordan an assist...more
On April 23, 2019, the Standing Committee of the National People’s Congress of the People’s Republic of China promulgated the fourth revision of the Trademark Law of the People’s Republic of China which will come into effect...more
On November 4, 2017, the Amended Anti-Unfair Competition Law was passed by the Standing Committee of the Chinese People’s Congress and promulgated on the same day. The new law became effective on January 1, 2018....more
A sound mark can be registered in China since May 1, 2014. According to a draft Standard of Examination issued by the Chinese Trademark Office, a sound mark can consist of a musical or non-musical sound, or a combination of...more