The copyrightability of AI-generated output has been a hotly debated topic before various Chinese courts since 2018. The latest Chinese judgment on this topic was issued recently by the Beijing Internet Court, on 27 November...more
On 9 February 2021, China's National Intellectual Property Administration ("CNIPA") published its Administrative Adjudication Measures For The Early Resolution Mechanism For Drug Patent Disputes. These Measures are aimed at...more
On 17 October 2020, China's NPC adopted amendments to the Patent Law, which will take effect on 1 June 2021. The highlights are the adoption of a patent linkage system, a patent term extension for pharmaceutical patents,...more
On 6 July 2020, China's National People’s Congress (NPC) released its latest Draft Patent Law for public comment, proposing, amongst other things, a patent linkage system, patent term extension for pharmaceutical patents,...more
Businesses are increasingly turning to trade secrets as a mechanism to protect their innovations and know-how. In some cases, trade secrets offer an attractive alternative to patent protection. Companies also recognize the...more
2/19/2020
/ Administrative Proceedings ,
Asia ,
Competition ,
Confidential Information ,
Criminal Penalties ,
Criminal Sanctions ,
EU ,
Foreign Investment ,
Infringement ,
Intellectual Property Protection ,
Misappropriation ,
Penalties ,
Trade Secrets ,
UK Brexit ,
Unfair Competition ,
United States-Mexico-Canada Agreement (USMCA)
China is a market that represents a paradox for many telecoms, media and technology (“TMT“) companies. On the one hand it offers the promise of almost unlimited growth potential if you get the product right, but on the other...more
8/19/2019
/ Antitrust Provisions ,
China ,
Competition ,
Cross-Border Transactions ,
Cybersecurity ,
Data Protection ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Infrastructure ,
Intellectual Property Protection ,
Market Access Rule ,
Telecommunications ,
Variable Interest Entities
Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, France, Germany, Italy, Japan, the Netherlands, Spain, the United Kingdom and the United...more
8/8/2019
/ 5G Network ,
Anticompetitive Behavior ,
Antitrust Provisions ,
Blackberry ,
China ,
Federal Trade Commission (FTC) ,
FRAND ,
Huawei ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
IP License ,
Patents ,
Philips Electronics ,
Qualcomm ,
Standard Essential Patents ,
The Hague ,
Unfair or Deceptive Trade Practices
Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, France, Germany, Italy, Japan, the Netherlands, Spain, the United Kingdom and the United...more
5/20/2019
/ Automotive Industry ,
China ,
Connected Cars ,
France ,
FRAND ,
Germany ,
Huawei ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
IP License ,
Netherlands ,
Non-Practicing Entities ,
Patents ,
Standard Essential Patents ,
Telecommunications ,
UK
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
Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, France, Germany, Italy, Japan, the Netherlands, Spain, the United Kingdom and the United...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
Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, Germany, Japan, the United Kingdom, and the United States.
...more
1/9/2019
/ 5G Network ,
Antitrust Litigation ,
China ,
Federal Trade Commission (FTC) ,
FRAND ,
Germany ,
Huawei ,
Intellectual Property Protection ,
IP License ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Qualcomm ,
Royalties ,
Samsung ,
Standard Essential Patents ,
Telecommunications ,
UK
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
16 April 2018 – Huawei’s jurisdictional challenge to Conversant Wireless’ patent infringement and FRAND determination proceedings has been dismissed by the High Court of England and Wales. ...more
6/28/2018
/ China ,
FRAND ,
Huawei ,
Injunctions ,
Intellectual Property Protection ,
IP License ,
Jurisdiction ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Qualcomm ,
Samsung ,
Standard Essential Patents ,
Telecommunications ,
Wireless Industry
China has become a new battlefield in the global patent war amongst tech giants in the telecom industry. On 4 January 2018, the Shenzhen Intermediate People’s Court (“Court“) rendered a landmark judgment in the Huawei v....more
6/19/2018
/ China ,
Cross-Licensing Agreement ,
FRAND ,
Huawei ,
Injunctions ,
Intellectual Property Protection ,
IP License ,
Patent Infringement ,
Patent Litigation ,
Patent Portfolios ,
Patents ,
Popular ,
Samsung ,
Smartphones ,
Standard Essential Patents ,
Telecommunications
Over the past weekend, the Chinese legislature decided on a major restructuring of governmental agencies. The restructuring plan was announced by the State Council on 13 March 2018, and approved by the National People's...more
3/20/2018
/ Anti-Monopoly ,
Antitrust Division ,
Antitrust Provisions ,
CFDA ,
China ,
Intellectual Property Protection ,
MOFCOM ,
NDRC ,
Regulatory Agencies ,
Restructuring ,
SIPO ,
Tax Authority ,
Trademarks
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
The results of the 2017 edition of China’s annual online piracy crackdown campaign, called the “Sword Net Action”, were recently published. As we announced earlier, the 2017 crackdown campaign promised to take a heavy hand...more
1/4/2018
/ China ,
Content Publishing ,
Copyright ,
Copyright Infringement ,
Criminal Prosecution ,
Digital Downloads ,
Digital Media ,
Intellectual Property Protection ,
Internet Service Providers (ISPs) ,
Internet Streaming ,
Music Industry ,
On-Demand Services ,
Online Platforms ,
Photographs ,
Piracy ,
Regulatory Oversight ,
Software
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
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
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
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
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