The China National IP Administration (“CNIPA”) recently issued the "Specifications for Suspension of Trademark Review Cases" (“《评审案件中止情形规范》”, "Specifications"), in which it provides a set of rules for the suspension of...more
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
In a recent development, China’s National Intellectual Property Administration (“CNIPA”) appears to have become increasingly strict in assessing whether trademark applications fall foul of the absolute grounds for trademark...more
On 24 June 2022, China’s Supreme People’s Court (“SPC”) handed down its long-awaited retrial judgment in the MANOLO BLAHNIK trademark case. In this judgment, which was published online only a few days ago, the Supreme Court...more
Netherlands -
Proceedings on the merits in the Netherlands are continuing as normal as possible. This means that new cases can be filed and the exchange of written submissions continues as usual. Oral hearings are for the...more
The Hogan Lovells IP & Media Technology team is closely following the impact of COVID-19 on the operation of Courts around the world and what this means in practice for clients engaged in or contemplating litigation, with...more
Japan -
On 7 April 2020, the Japanese government declared a state of emergency in seven prefectures, due to the on-going COVID-19 pandemic. Subsequently, on 16 April 2020, the Japanese government declared a state of...more
4/27/2020
/ Administrative Hearings ,
Administrative Proceedings ,
Coronavirus/COVID-19 ,
Deadlines ,
EU ,
INPI ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Japan ,
Judicial Proceedings ,
UK
China -
In February, during the peak of the COVID-19 epidemic in China, the Supreme People’s Court issued a statement that courts at all levels were to assist parties in litigation to file cases or mediate disputes online,...more
China -
In February, during the peak of the COVID-19 epidemic in China, the Supreme People’s Court issued a statement that courts at all levels were to assist parties in litigation to file cases or mediate disputes online,...more
EUIPO -
For those with European Union Trademarks (EUTMs), the European Union Intellectual Property Office (EUIPO) in Alicante, Spain remains open although all staff are now working from home and it has extended all...more
3/16/2020
/ China ,
Coronavirus/COVID-19 ,
EPO ,
EU ,
European Union Intellectual Property Office (EUIPO) ,
European Union Trade Mark (EUTM) ,
Infectious Diseases ,
Intellectual Property Protection ,
Italy ,
Patents ,
Public Health ,
Trademarks ,
UK ,
USPTO
In March 2019, Chinese mobile phone manufacturer Xiaomi organized a mobile phone conference in the Netherlands, and it is expected that Xiaomi mobile phones will be listed on the Dutch market shortly after the summer of 2019....more
1/10/2020
/ China ,
Cross-Border ,
Distributors ,
Foreign Defendants ,
Foreign Entities ,
Foreign Jurisdictions ,
France ,
Germany ,
Injunctions ,
Intellectual Property Protection ,
International Litigation ,
Jurisdiction ,
Mobile Devices ,
Netherlands ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Retail Market ,
Spain ,
Suppliers ,
Supply Chain ,
Wireless Devices ,
Wireless Industry ,
Wireless Technology
The Chinese Supreme People's Court ("SPC") recently handed down its latest judgment on whether Original Equipment Manufacturing ("OEM") may constitute trademark infringement in China. In its judgment, the SPC refines its...more
12/2/2019
/ Appeals ,
Automotive Industry ,
China ,
Corporate Counsel ,
Honda ,
Intellectual Property Protection ,
Manufacturers ,
Motor Vehicles ,
Myanmar ,
OEM ,
Supreme People's Court of China ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
On 11 October 2019, China's State Administration for Market Regulation ("SAMR") published the Regulations on the Registration of Trademarks, which will become effective on 1 December 2019. The Regulations are implementing...more
11/5/2019
/ Bad Faith ,
China ,
Corporate Counsel ,
Intellectual Property Protection ,
IP Portfolio ,
New Regulations ,
PRC Trademark Law Amendments ,
Regulatory Requirements ,
State Administration for Market Regulation (SAMR) ,
Trademark Application ,
Trademark Registration ,
Trademarks
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
5/7/2019
/ Amended Legislation ,
Anti-Competitive ,
Bad Faith ,
China ,
Competition ,
Infringement ,
Intellectual Property Protection ,
Trade Secrets ,
Trademark Infringement ,
Trademarks ,
Unfair Competition
In a recent move involving both the Chinese legislature (the National People’s Congress) and the executive branch (the State Council), China has overhauled two of its most important pieces of legislation governing inbound...more
Our China team and Hogan Lovells Fidelity have recently secured an important victory for WAWI Xiamen (Chinese subsidiary of the leading German chocolate manufacturer Wawi Group), successfully defending it from a 3D trademark...more
China’s Supreme People’s Court recently passed its new “Regulations on Certain Issues on the Application of Law for Conduct Preservation in Trials of Intellectual Property Disputes”. ...more
3/4/2019
/ Arbitration ,
China ,
Design Patent ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Irreparable Harm ,
Jurisdiction ,
License Agreements ,
Litigation Strategies ,
Preliminary Injunctions ,
Supreme People's Court of China
Last year, right holders in China have seen a number of major developments including; a milestone Supreme Court judgment dealing with trademark squatting, new specialized cyberspace courts, a new E-Commerce law, clarification...more
2/27/2019
/ China ,
Corporate Counsel ,
Cybersecurity ,
E-Commerce ,
Intellectual Property Protection ,
OEM ,
Supreme People's Court of China ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademark Squatting ,
Trademarks
The retail and fashion industries may be transforming at a rapid pace, but the Hogan Lovells Retail and Fashion Group will make sure you are on-trend. ...more
1/24/2019
/ 3D Printing ,
Advertising ,
Analytics ,
Class Action ,
Data Privacy ,
E-Commerce ,
EU ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
Geo-Blocking ,
Health Claims ,
Intellectual Property Protection ,
Internet Retailers ,
Licensing Rights ,
Natural Products ,
Organic ,
Retail Market ,
Retailers ,
Subscription Services ,
TCPA
On 9 August and 28 September 2018, the new Cyberspace Courts in Beijing and Guangzhou were officially opened. These new specialised courts, along with their equivalent one that was formed in Hangzhou in August 2017, are meant...more
According to several recent publications by Chinese governmental authorities, both IP litigation and IP prosecution numbers in China continue to increase significantly. ...more
9/19/2018
/ China ,
Copyright ,
Copyright Infringement ,
Criminal Prosecution ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patent Litigation ,
Patents ,
SIPO ,
Trademark Infringement ,
Trademarks ,
Venue
While not compulsory, getting a copyright registration in China can offer many benefits to IP owners. This article will give an overview of the copyright registration system in China. Copyright registration is also available...more
On 7 November 2017, the Standing Committee of the National People’s Congress (“NPC“) published the second draft of the E-commerce Law, “Draft“). The goal of the Draft is to regulate China’s burgeoning e-commerce sector, and...more
12/22/2017
/ Administration for Industry and Commerce (AIC) ,
China ,
Comment Period ,
Cybersecurity ,
Data Protection ,
Dispute Resolution ,
E-Commerce ,
False Advertising ,
Intellectual Property Protection ,
Internet Retailers ,
Licensing Rules ,
Proposed Legislation ,
Registration Requirement ,
Retail Market
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
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