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Hot Topics in International Trade-Braumiller Law Group-FDI Into Mexico from China
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10 Key Trade Developments: Trade Remedy Cases
Episode 309 -- Alex Cotoia on Compliance with the Uyghur Forced Labor Prevention Act
10 Key Trade Developments: China
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JONES DAY TALKS®: Corporate Compliance in Asia: Managing Rapid Regulatory Change and Ambiguity
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Episode 292 -- 3M's $6.5 Million FCPA Settlement with the SEC
5 Key Takeaways | How to Effectively Leverage the Chinese Patent System
Third Party Observation in Patent Prosecution in China
The Grace Period for Novelty in Chinese Patent Law
One Month to a More Effective Compliance Program with Boards – Day 14 - Boards and Doing Business in China
Episode 276 -- Review of Phillips and Franks Int'l SEC FCPA Settlements
Sanction and the Increasing Complexity of Trade Compliance
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Coming Conflict with China: Part 5 - Good Compliance Is Good Business
JONES DAY PRESENTS®: Taiwan's Enhanced Trade Secret Restrictions and Stricter Penalties
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As outlined in our previous post, partial design claiming in China continues to be a moving target, as variations in the interpretation of partial design claims persist among Chinese examiners. As of this writing, the Chinese...more
On December 11, 2023, the State Council of the People’s Republic of China announced its decision to amend the Implementing Regulations of the Patent Law of the People’s Republic of China (the “2023 Regulations”), marking the...more
As outlined in our previous post, securing a partial design claim in China is akin to hitting a moving target, as the interpretation of partial design claims in China has varied among cases and examiners. Since the rule...more
GPL (General Public License) is one of the widely used licenses for open-source software. GPL requires derivative code based on GPL open-source code to also be distributed under GPL, ensuring open-source availability. This...more
The technical problem actually solved by an invention should be determined based on distinguishing technical feature of the claims as compared with the most-related prior art and the technical effect can be known by a person...more
When the text, graphics, colors and arrangement and combinations attached to the goods or their packaging can distinguish the source of the goods, it constitutes the packaging and decoration with certain influence protected...more
Insights from the case - When the same act involves infringement of multiple rights of the right holder, the right holder can choose the most effective right to claim according to the specific circumstances of the case....more
Legal basis of the judgment - Article 11 of the Interpretation of the Supreme People’s Court on Some Issues concerning the Application of Law in the Trial of Disputes over Infringement of Patent Rights gives the basic...more
Judgment Gist - In a civil intellectual property lawsuit, if the applicant applies to the court to order the other party to produce documentary evidence, it should clarify the factum probandum in its claims. When...more
Summary of the judgment - The Court verified that the calculation method claimed by MTG Co., Ltd. was in accordance with the law and that all the data based on which it calculated the amount of compensation was available...more
Summary of the Judgment - Where a right holder has submitted prima facie evidence showing that the actual loss caused to the right holder or the benefit gained by an alleged infringer due to an alleged infringement is...more
Judgment Gist - Customary design is a prior design that is well known by the general consumers and can be recalled by the general consumers upon merely mentioning of the product name. When mentioning beauty roller...more
As outlined in our previous post, on June 1, 2021 the Fourth Amendment to the Chinese Patent Law came into effect, allowing partial claiming in design patent applications. Until this past May, examination of most Chinese...more
With the deepening of the policy guidance on strengthening intellectual property rights protection, following the Trademark Law at the legislative level, the Civil Code introduced general provisions on punitive damages for...more
The Patent Law of the People’s Republic of China (hereinafter referred to as the Chinese Patent Law), which came into force on June 1, 2021, has made some amendments to the sections concerning design patents, including the...more
Design protection continues to be a priority for governments around the world. Global design protection is gradually becoming more modern and harmonized. Building on earlier developments, China made progress to implement...more
Foreword - In legal sense, "architectural works" refer to works with aesthetic significance expressed in the form of buildings or structures, which are protected by Copyright Law. However, landmark buildings have public...more
Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more
As the most important intangible asset in business activities, a trademark with a novel, aesthetic, easy-to-remember and catchy design is often a powerful tool for business to open the market, maintain competitiveness and...more
China’s judicial reform continues to deepen, aiming to build a more transparent and effective system. As one of the crucial battle fields for IP right owners across the world, China has also established the IP courts and...more
China's Patent Law stipulates that where a patent infringement dispute involves a utility model patent or a design patent, the people's court or the relevant administrative department may require the patentee or the...more
The rapid spread of the novel coronavirus (officially known as “SARS-CoV-2” and hereinafter referred to as “NC” for short) led to the COVID-19 pandemic. All countries around the world are fighting against the disease. In this...more
Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. consumers and practitioners as “trade dress.” This four-part miniseries of posts provides a...more
Like 2020 before it, 2021 has been a year of change for global design protection. Countries like Korea continue to update their rules to deal with the realities of modern, virtual design. China enacted a big modernization to...more
This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was...more