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Supreme People's Court of China

Linda Liu & Partners

Can “Coined Trademarks” Rest Easy? A Brief Analysis of the Inherent Registrability of English Coined Trademarks from a Perspective...

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In recent years, global economic and cultural exchanges have become more and more frequent, and both overseas multinational companies and Chinese trends enterprises have invariably chosen alphabetic trademarks, using in...more

Linda Liu & Partners

Influence of the Determination of Technical Problem Actually Solved on the Determination of Technical Teaching | Case on...

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The technical problem actually solved by an invention should be determined based on distinguishing technical feature of the claims as compared with the most-related prior art and the technical effect can be known by a person...more

Linda Liu & Partners

Protection of Prior Trade Name in the Trademark Right Granting and Verification Proceedings | “TDK” Trademark Opposition Case

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When the prior trade name has a high reputation, and the goods using the trade name have a strong connection to the designated goods of the opposed mark, especially when the word part of the opposed mark is identical with the...more

Linda Liu & Partners

The Similarity of Foreign Language Trademarks should be Judged Based on the Common Understanding of the Relevant Public in China |...

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The basic function of a trademark is to enable consumers to identify goods and their source. When the disputed trademark is a foreign language sign, the people's court shall, based on the common understanding of the relevant...more

Linda Liu & Partners

The Time Node for Judging Whether the Prior Right Exists is the Date of Approval for Registration at the Latest | “象球” (Xiang Qiu...

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When applying for a trademark, the trademark owner shall not prejudice the prior rights of others, and shall fulfill the obligation of reasonable avoidance. However, considering that the trademark right has not been acquired...more

Linda Liu & Partners

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

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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

Method for Reviewing Prior Design Defense in Determination of Infringement on Design Patent | Tire Design Patent Infringement Case

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In the event that the design of an allegedly infringing product is not identical to a prior design, in order to reach a correct determination on design patent infringement, a comprehensive judgment should be based on...more

Linda Liu & Partners

Determination of Compensation Liability of Offering to Sell in Patent Infringement Disputes

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When a product suspected of infringing a patent right is only displayed at an exhibition or on a website, and the patentee does not have evidence related to the production and sale of the product, should the patentee enforce...more

Linda Liu & Partners

Calculation and Notable Points of Punitive Damages in Patent Infringement Disputes

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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

White & Case LLP

BRI-Related Disputes: Broader Access to Interim Relief and Enforcement in Mainland China

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In 2018, the Supreme Peoples' Court established a "one-stop" international commercial dispute resolution mechanism (the "Mechanism"). The Mechanism, in short, allows parties to bring their commercial disputes before the China...more

Jones Day

China's Supreme Court Ruling Likely to Prompt More Follow-on Antitrust Litigation

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In Short - The Development: China's Supreme People's Court recently ruled for the plaintiff in Miao Chong v. SAIC-GM, which marked a rare triumph for a plaintiff in antitrust litigation as a follow-on to an administrative...more

Linda Liu & Partners

Estoppel Doctrine in China's Patent System

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In China, we indeed have estoppel doctrine, but it is not provided in the Patent Law. However, in the Judicial Interpretations of the Supreme People's Court (SPC) about hearing the patent infringement litigation, the estoppel...more

EDRM - Electronic Discovery Reference Model

Illumination Zone: Ankura's Data & Technology Leader for APAC, Chris Marks and Data & Technology Leader for Greater China, Han...

Ankura's Data & Technology Leader for APAC, Chris Marks and Data & Technology Leader for Greater China, Han Lai, in Hong Kong & Shanghai respectively, sit down with Kaylee & Mary to talk about how they found their feet on...more

Linda Liu & Partners

On Analysis of Hindsight Bias in Inventiveness Determination

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The Guidelines for Patent Examination provides in Section 6.2 of Chapter 4, Part II: “When evaluating the inventive step of an invention, the examiner is apt to underestimate the inventive step of the invention since he has...more

Linda Liu & Partners

The Standards of Proof of the “Original Scope” in the Prior-Use-Right Defense

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According to the relevant provisions of the Patent Law of the People's Republic of China, if the same product has been manufactured, the same method has been used, or the necessary preparations have been made for...more

Linda Liu & Partners

Hit by the lawsuit against WIPO domain name dispute decision in China? Respond actively! (UPDATED)

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For domain name disputes, applying to WIPO Arbitration and Mediation Center for arbitration is a way that many foreign right holders are willing to choose because of its fast speed and low cost. If the respondent is a Chinese...more

Linda Liu & Partners

Closest Prior Art for Patent Invalidation Proceedings in China

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According to China’s local practice, there are three steps to follow when determining whether a claimed invention is obvious when compared to the prior art: determining the closest prior art; distinguishing the...more

Linda Liu & Partners

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

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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

Seyfarth Shaw LLP

Impact Of The PRC Supreme Court's Position On The Valuation Adjustment Mechanism

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In China, the Valuation Adjustment Mechanism ("VAM") has long been frequently used in corporate financing transactions, especially in PE investments. VAM is a contractual provision that allows for the adjustment of the target...more

Hogan Lovells

China Antitrust Column – September 2021

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On 27 September 2021, just a few days before the week-long National Day break, the State Administration for Market Regulation (SAMR) issued its decision against Bull, a supplier of power connection and extension products from...more

Hogan Lovells

Highlights of China’s Supreme Court’s new Interpretation on punitive damages in IP cases

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The new Interpretation provides flesh to the bare bones of the provisions on punitive damages contained in China’s specific IP laws, which largely omit details on their specific application....more

White & Case LLP

The China International Commercial Court

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To provide judicial support for the Belt & Road Initiative ("BRI"), the Supreme People's Court of the People's Republic of China ("Supreme Court") launched two international commercial courts ("China International Commercial...more

White & Case LLP

China Increases Penalties For Private Sector Bribery

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China’s most recent amendment to its Criminal Law updates the sentencing framework for non-state functionaries charged with corruption. Under the current framework, non-state functionaries are subject to lighter sentences...more

Dorsey & Whitney LLP

Hong Kong Mainland Cooperation in Arbitration Matters

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The advantages enjoyed by Hong Kong as a center for arbitration of commercial disputes involving parties in Mainland China have been further enhanced by new measures to strengthen the cross-border recognition and enforcement...more

BCLP

Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and Hong Kong

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On 27 November 2020, the Department of Justice of Hong Kong and the Supreme People’s Court of China signed the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong...more

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