News & Analysis as of

China Intellectual Property Litigation

Skadden, Arps, Slate, Meagher & Flom LLP

2024 Insights: Other Regulatory Developments

AI in 2024: Monitoring New Regulation and Staying in Compliance With Existing Laws Companies that develop or employ AI tools have to consider proposed AI-specific regulation as well as an array of existing IP, privacy,...more

Linda Liu & Partners

Criteria for Determining Infringement to Software Copyright | Case of Infringement to Software Copyright for Embroidery Machine

Linda Liu & Partners on

The patentee provided evidence to prove that BAS-342G computerized embroidery machine has been sold in the Chinese territory since 2007. As manufacturer and dealer specialized for sewing machine and parts thereof, the...more

Linda Liu & Partners

Basic Principles and Steps of Design Similarity Comparison |The Patent Infringement Case of “Beauty Roller”

Linda Liu & Partners on

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

Linda Liu & Partners

Solve the dilemma in presenting evidence by applying to the court for collecting evidence and issuing an order to produce...

Linda Liu & Partners on

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

Linda Liu & Partners

Limiting Effect of Subject Matter on Scope of Protection

Linda Liu & Partners on

The subject matter is a dispensable part of a claim and plays an important role as the preamble of the claim. Following the omnidirectional coverage principle, in the determination of the scope of protection of a claim, all...more

Linda Liu & Partners

New Changes in the Suspension of Trademark Refusal Review Cases and the Pre-registration of Administrative Litigation

Linda Liu & Partners on

The number of existing valid registered trademarks in China is large, and the annual number of trademark applications is also large, which makes it difficult for enterprises to successfully register trademarks. According to...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - August 2023: Happy to Wait! New Rules Allow for Suspension of Trademark Review Cases in China

As we previously reported, in January of this year, the China National Intellectual Property Administration (CNIPA) published its Draft 5th Amendment to the Chinese Trademark Law. See here. One of the proposed amendments no...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - August 2023

Thank you for reading the August 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we conclude our series that explores ways to lose trademark rights with an examination of naked licensing, discuss a...more

Linda Liu & Partners

Calculation and Notable Points of Punitive Damages in Patent Infringement Disputes

Linda Liu & Partners on

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis and Trends: International Design Law: Global Law and Policy

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis & Trends

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

Hogan Lovells

China: Draft Amendments to Trademark Law foreshadow potential major changes

Hogan Lovells on

On 13 January 2023, the China National Intellectual Property Administration (“CNIPA”) published draft amendments to the PRC Trademark Law for public comment. This Draft marks the fifth time that the PRC Trademark Law is up...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

Linda Liu & Partners

Application of Obstruction of Evidence Production Rule in Patent Infringement Disputes (II)

Linda Liu & Partners on

III. Application of Obstruction of Evidence Production Rule in Patent Infringement Judgment - In the practice of patent infringement disputes, especially the infringement cases involving manufacturing equipment and BtoB...more

Linda Liu & Partners

[Webinar] Mock Trial: Based on the Exemplary Civil and Administrative IP Cases of Shenzhen Court in 2021 - November 15th, 10:00 am...

Linda Liu & Partners on

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

Morgan Lewis

China’s Intellectual Property Enforcement Trends

Morgan Lewis on

Comprising tiers of specialized intellectual property (IP) courts within its court system, China bifurcated judicial and administrative proceedings for those seeking to protect and enforce against a patent infringement. The...more

Linda Liu & Partners

[Webinar] The Strategies of IP Rights Enforcement in China - August 31st, 10:00 am - 11:00 am CEST

Linda Liu & Partners on

China has been successful in reshaping its image as it is evolving into one of the friendliest and most efficient jurisdictions for IP right holders, despite being once portrayed as a copycat-riddled market. A bunch of IP...more

Linda Liu & Partners

[Webinar] The Strategies of IP Rights Enforcement in China - August 30th, 10:00 pm - 11:00 pm ET

Linda Liu & Partners on

China has been successful in reshaping its image as it is evolving into one of the friendliest and most efficient jurisdictions for IP right holders, despite being once portrayed as a copycat-riddled market. A bunch of IP...more

Kidon IP

Kidon IP War Stories David Cohen & Doug Clark

Kidon IP on

Our next guest is Douglas Clark, Principal and Global Head of Dispute Resolution. Doug has practiced in Asia for close to 30 years. One might even say that he is the founding father or at the least a co-founding father of...more

Shumaker, Loop & Kendrick, LLP

Client Alert: China Joins the Hague Agreement

United States applicants can now file a single design patent application under the Hague System, designating, the United States, European Union, Canada, Mexico, and now China, among other countries and regions....more

Linda Liu & Partners

The examination practice and solution of a “continuation trademark application” (referring to a new trademark application filed by...

Linda Liu & Partners on

In this era of fast development and change, the product structure is constantly innovating. Thus market players inevitably need to upgrade their trademarks from time to time. This will lead to a “continuation trademark...more

Linda Liu & Partners

Sharpen Your Sword: Adduce Proof When Claiming Prior Copyright to Challenge a Trademark in China

Linda Liu & Partners on

A considerable amount of trademarks may also be protected by Chinese Copyright Law, when they meet the requirements of “work”. And the protection to works is NOT limited by the classification of goods, so claiming prior...more

Linda Liu & Partners

[Webinar] Sharpen Your Sword-Adduce Proof When Claiming Prior Copyright to Challenge a Trademark in China - May 23rd, 10:00 pm -...

Linda Liu & Partners on

A considerable amount of trademarks may also be protected by Chinese Copyright Law, when they meet the requirements of “work”. And the protection to works is NOT limited by the classification of goods, so claiming prior...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 Design Patents Year in Review: Analysis and Trends

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

Linda Liu & Partners

What's New on China's Punitive Damages in IP Litigation?

Linda Liu & Partners on

Punitive damages system has been established for intellectual property infringement cases from the basic law to the special law in China. On March 3rd, 2021, the Supreme People's Court issued Interpretation on the Application...more

50 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