On 24 August 2017, the Chinese Ministry of Industry and Information Technology (“MIIT“) issued the final version of the Rules on the Administration of Internet Domain Names (“New Domain Name Rules“). These new Rules will come...more
China’s first Cyberspace Court was inaugurated on Friday 18 August in Hangzhou, Zhejiang Province. Going forward, this new court will handle all internet-related disputes in all districts of Hangzhou through a fully...more
China’s State Intellectual Property Office has recently announced, in a joint declaration with three other ministerial bodies, the launch of its annual online piracy crackdown campaign called the “Red Shield Net Sword...more
8/7/2017
/ China ,
Copyright ,
Copyright Infringement ,
E-Commerce ,
Film Industry ,
Intellectual Property Protection ,
Internet Service Providers (ISPs) ,
Mobile Apps ,
Music Industry ,
Online Platforms ,
Piracy ,
Social Networks
On 12 May 2017, the Chinese Food and Drug Administration (the “CFDA”) issued several draft policies aimed at overhauling of the current regulations governing the Chinese pharma and medical device sector (the “Draft...more
The Beijing Haidian District People’s Court has recently heard a case in which a domain name registrant requested the court to declare its domain name registration contracts invalid. In this somewhat unusual case, the court...more
OEM is a business model whereby a trademark owner orders its products from a manufacturer, often located abroad, who manufactures and supplies products branded with the purchasers marks instead of his own marks. In China,...more
Under the Chinese Trademark Law, the Trademark Review and Adjudication Board (“TRAB“) decides on review procedures filed against decisions by the Trademark Office. Up to date, these TRAB review procedures were strictly...more
Unlike the Uniform Domain Name Dispute Resolution Policy (UDRP), the CNNIC ccTLD Dispute Resolution Policy (CNDRP) – the dispute resolution policy governing the .CN domain in China – sets a time bar which stipulates that no...more
Welcome to this edition of our bi-annual TMT China Brief! This edition features a total of 15 articles which capture the significant TMT developments in Greater China in the Winter/Spring 2017. These developments cover an...more
5/5/2017
/ Blockchain ,
Browsewrap Agreement ,
China ,
Cloud Computing ,
Cybersecurity ,
Data Privacy ,
E-Commerce ,
Encryption ,
Film Industry ,
Financial Institutions ,
FinTech ,
Foreign Exchanges ,
Hong Kong ,
Hong Kong Monetary Authority (HKMA) ,
Multinationals ,
New Legislation ,
Online Safety for Children
The Hong Kong International Arbitration Center (“HKIAC”) has recently issued its final award in the trademark litigation saga surrounding “The Voice of China”. This case is high-profile and interesting, because it involves...more
Founded as one of three specialised Chinese IP courts in 2014, the Beijing IP Court has just completed its second and most challenging year to date. According to a recent report, throughout 2016, the Court witnessed...more
Following the largely successful establishment of the specialized IP Courts in Beijing, Shanghai and Guangzhou, the Chinese Supreme People’s Court has recently also given the green light for the establishment of specialized...more
The reduced or waived administrative fees will certainly be beneficial for enterprises active in China, particularly for smaller enterprises and start-ups, as well as for companies that intend to register trademarks for a...more
The Beijing IP Court recently made headlines by granting a record amount of damages for patent infringement -no less than RMB 49 million (USD7.15m)-, one of the highest amounts since the court was established in November...more
China Business Law Journal has recently announced its ‘Deals of the Year 2016’ recognizing cases that saw the most sophisticated efforts by legal counsel. And as a result our work for Tencent has been recognized as one of the...more
While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities, the picture in the United States, China and Hong Kong is more complex.
...more
1/13/2017
/ Aiding and Abetting ,
Broadband ,
China ,
Content Publishing ,
Contributory Infringement ,
Copyright ,
Copyright Infringement ,
Digital Services ,
DMCA ,
Domain Names ,
Film Industry ,
Hong Kong ,
Injunctions ,
Intellectual Property Protection ,
Internet Service Providers (ISPs) ,
Internet Streaming ,
Music Industry ,
Online Platforms ,
Online Videos ,
Popular ,
Television Programming ,
Third-Party ,
Trademarks ,
UK ,
Websites