Court: Supreme People's Court

China: Multi-pronged approach proves best fit to tackle rise in counterfeits

Featured in Anti-counterfeiting and Online Brand Enforcement: Global Guide 2024

China produces an estimated 80% of the world’s counterfeit products, so authorities are advocating for a ‘three-in-one’ trial reform of its IP rights system. The combination of civil and criminal litigation, investigation and ex-officio enforcement at customs should improve options for rights holders and facilitate a more comprehensive protection system. 

24 June 2024

Lacoste v Cartelo: a landmark case clarifying the rules on confusion and co-existence

A change in marketing strategy may destroy the distinct market perceptions that previously enabled the marks’ co-existence, thus leading to a likelihood of confusion and association.  

17 May 2024

A year in China IP enforcement: authorities release annual data 

Chinese authorities have released a series of reports providing data and notable IP cases from 2023.

16 May 2024

Five China IP developments you may have missed

Chinese authorities have made significant statements regarding IP protection and annual data in the past three months.

27 March 2024

Supreme Court awards New Balance Rmb30 million in damages in dispute with infringer

The court increased the amount of damages awarded in the first instance from Rmb5 million to just over Rmb30 million - a rarely seen amount in IP litigation in China.

01 February 2024

China's most important cases of the year

We examine the most influential Chinese trademark rulings of the year – and two published pending disputes worth monitoring in 2024.

29 December 2023

Supreme People’s Court awards unprecedented Rmb100 million in damages

The case serves as valuable guidance for IP rights owners facing malicious infringement.

19 October 2023

Managing infringement threats across the supply chain

Featured in Inside China’s IP Market: a Guide 2024

The courts in China generally maintain in foreign-related OEM cases that affixing a trademark to a product should be deemed as use and that there is also a possibility of confusion. While some manufacturers have successfully defended themselves against claims of infringement, the cost is often high.

27 September 2023

China: What Rights Holders Need to Know About Trademark Prosecution

Featured in The Trademark Prosecution Review 2024

With rocketing levels of applications and registrations, it is crucial that brand owners and practitioners understand what makes China’s trademark prosecution process stand out and best practices for navigating it.

22 September 2023

Specialist Chapter: Common Mistakes to Avoid When Filing Trademark Applications in China

Featured in The Trademark Prosecution Review 2024

Often, foreign applicants fail to obtain trademark registration in China because they do not have a robust understanding of the Chinese Trademark Law, or the CNIPA’s regulations. How to choose goods and services and the importance of formality issues should be heeded when filing an application.

22 September 2023

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