News & Analysis as of

China Infringement

McDermott Will & Emery

Back in the USA: Seventh Circuit Lifts Sanctions, Anti-Suit Injunction Contempt

The US Court of Appeals for the Seventh Circuit stayed a district court’s contempt sanctions relating to an anti-suit injunction violation, finding that the adjudicated infringer had done all it could to withdraw from the...more

Braumiller Law Group, PLLC

Braumiller Law Group & Braumiller Consulting Group February 2024 newsletter

Last June (2023), in response to a ruling request from Your Special Delivery Services Specialty Logistics (YSDS), Customs and Border Protection (CBP) issued HQ H324098, clarifying what it means to be an “owner or purchaser”...more

Linda Liu & Partners

Judicial Rules for Determining "Infectiousness" of GPL through Case Studies

Linda Liu & Partners on

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

Linda Liu & Partners

Principle of liability for fault applies to the dispute over damages resulted from the application for customs protective measures...

Linda Liu & Partners on

According to the relevant provisions of China’s Regulations on Customs Protection on Intellectual Property Rights, the IP right holder may request the customs to detain the suspected infringing goods. After the customs...more

Foley & Lardner LLP

Growing Infringement of OEM IP Rights on Online Marketplaces

Foley & Lardner LLP on

Sales of consumer products through online marketplaces have been commonplace for years and account for a significant portion of the total consumer products marketplace. Sellers of industrial products such as replacement...more

Cozen O'Connor

16 AGs Caution SEC Over SHEIN's Potential IPO and Alleged Business Practices

Cozen O'Connor on

Montana AG Austin Knudsen, joined by AGs from 15 other states, sent a letter to the SEC voicing concern regarding the possible Initial Public Offering of SHEIN, a fast-fashion retail giant affiliated with China....more

White & Case LLP

Crackdown on procedural infringements

White & Case LLP on

European Union - In May 2022, the GC upheld the EC's €28 million fine imposed on Canon for gun jumping in the context of a so-called warehousing structure. Interestingly, the GC ruled that the standstill obligation does...more

Linda Liu & Partners

Application of Punitive Damages in Intellectual Property Rights Infringement Cases

Linda Liu & Partners on

Punitive damage is a special form of civil liability, which could achieve the purpose of punishment while making up for losses. On 3 March 2021, the Supreme People’s Court issued the Interpretation of the Supreme People’s...more

Dorsey & Whitney LLP

China Issues its First Court Judgment on NFT Infringement

Dorsey & Whitney LLP on

​​​​​​​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

Linda Liu & Partners

Good Strategist travels far - on FTO investigation, a sharp tool to prevent IP risks

Linda Liu & Partners on

In recent years, companies involved in intellectual property rights infringement disputes abound in China. Some have been accused of infringement and have been punished with high compensation and issued with enforceable...more

Linda Liu & Partners

How to win the war against infringement on China’s e-commerce platforms

Linda Liu & Partners on

In the information age, with the rapid development of the Internet, mobile Internet, big data, and other technologies, products can be promoted to the whole world without leaving your house; foreign companies can also open...more

Ladas & Parry LLP

UK Supreme Court Decisions in Unwired Planet V Huawei and Hauwei V. Conversant

Ladas & Parry LLP on

On August 26, 2020, the United Kingdom Supreme Court handed down its unanimous combined decision in the cases of Unwired Planet v. Huawei and Huawei v. Conversant. Both cases involved questions of: 1. Whether the...more

Pillsbury Winthrop Shaw Pittman LLP

Implementing China’s New Foreign Investment Law, Part Four: Improvements to Rules on Technology Licensing by Foreign Licensors

The fourth installment of a series of alerts focusing on practical issues relating to China’s new Foreign Investment Law. China’s new Foreign Investment Law and its implementation regulations contain explicit provisions...more

Hogan Lovells

Lightning fast IP reform in China: Trademark Law and Anti-Unfair Competition Law amended

Hogan Lovells on

On 23 April 2019, both China’s Trademark Law (“TML“) and its Anti-Unfair Competition Law (“AUCL“) were amended. The amendments to the TML are aimed at curbing bad faith trademarks and increasing damages for infringement,...more

Hogan Lovells

To tariff or not to tariff: China’s alleged intellectual property theft from the United States

Hogan Lovells on

As of this writing, the United States recently halted trade negotiations with China particularly as related to trade tariffs for alleged “unfair trade practices” under Section 301....more

Orrick, Herrington & Sutcliffe LLP

Strategic Advice for Defending an Investigation in the U.S. ITC from a Position of Strength

The U.S.-China trade relationship is at an especially unique moment following the countries’ imposition of tariffs on hundreds of billions of dollars of each other’s goods....more

Hogan Lovells

China: New national-level Appeal Court – Cautious hopes for improved consistency and efficiency in high-tech IP / patent cases

Hogan Lovells on

On 26 October 2018, the Standing Committee of China’s National People’s Congress (NPC) issued a Decision setting out the establishment of a new IP Court of Appeals at the national level within the Supreme People’s Court...more

Morgan Lewis

China Announces Crackdown Campaign Against Unfair Competition Activities

Morgan Lewis on

China’s State Administration for Market Regulation recently announced an enforcement sweep to promote the implementation of its amended Anti-Unfair Competition Law. The crackdown campaign, which began in May and will continue...more

BCLP

China Customs Initiates the “Longteng Action” Against IPR Infringing Exports (IRB No. 567)

BCLP on

Multinationals have come to realize that protecting intellectual property rights (“IPR”) with the assistance of the customs authorities is a key to success for their overall IPR protection in China. Recently, China Customs...more

Davis Wright Tremaine LLP

Protecting Online Games in China

With the exponential growth of online gaming (particularly mobile gaming) in China, more and more western content providers are entering the Chinese gaming market and seeking to protect their businesses in China’s courts...more

Foley Hoag LLP - Security, Privacy and the...

U.S. Steel ITC Case Alleging Chinese Government Hacked Its Network and Stole Its Secret Formulas May Be Revived

First, a little background for those unfamiliar with the wonderful world of the International Trade Commission (ITC). Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) prohibits “unfair methods of competition and...more

WilmerHale

IP World Tour: Snapshots of Overseas IP Protection

WilmerHale on

No matter where you look in the world, it’s a certainty that a dispute is ongoing over someone’s intellectual property (IP). The theft of ideas is nothing new, but just as important to those investing abroad is knowledge of...more

Sheppard Mullin Richter & Hampton LLP

China Court Ruled Infringement for Ambush Marketing in Film Industry

The term “Ambush Marketing” originally came from inappropriate sport advertisement in western countries. It involves a marketing strategy wherein the advertisers associate themselves with, and therefore capitalize on, a...more

Ladas & Parry LLP

Ten Key Considerations on Chinese New Trademark Law

Ladas & Parry LLP on

The Trademark Law of the People’s Republic of China was recently amended and went into effect on May 1, 2014, though in some cases it applies to violations that occurred prior to the effective date and continue after that...more

Mintz - Trademark & Copyright Viewpoints

And Speaking of Foreign Trademark Filing Strategy: Tesla Motors is Sued in China for Trademark Infringment

Further to our recent post about the worldwide trademark trials and tribulations of Anheuser-Busch and its BUDWEISER trademark, we now report that the up-and-coming electric car manufacturer Tesla Motors Inc. has been sued...more

31 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide