intellectual property

Hörmann sues opponents for RMB 3 million in damages

Starke in the news again. The China court official online portal reports about our trademark case that we ran together with our partner Jingsh Law .

This announcement shows the importance of our case and will race the chances to get a high damage compensation for our client Hörmann.

Hebei Huoman unauthorizedly uses similar trademarks of our client on their products and advertising. The regional market supervisory authority has already stated that Huoman has infringed the Unfair Competition Law and has issued a fine.

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Curbing abnormal registrations - China issues draft to improve trademark law

The volume of trademark applications in China has consistently been growing in the past 15 years. This growth, together with the fact that China is a first-to-file trademark system, has led to the proliferation of so-called ‘pre-emptive trademark applications’, filed in bad faith. Bad faith refers to the filing of a trademark that the applicant knows to have been used and developed by another brand. This is done with the intention of making a profit out of it, by selling the trademark back to the brand. Until now, the law made it easy for the so called “professional squatters” to file such...

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Jaguar Land Rover./. Jiangling Motors

In March 2019, for the first time a case on copycat design was ordered in favor of an overseas manufacturer. Since the rise of the Chinese vehicle-making industry, the nation's home brands have been accused of creating copycat vehicles that are almost like-for-like duplicates of popular models sold by international car-makers. However, local law has traditionally protected these Chinese brands in legal disputes, claiming that the designs are different enough to legally pass as their own models.

Jaguar Land Rover (JLR), part of Tata Motors Ltd, sued Jiangling Motors Corp. Ltd. (JMC...

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Latest news about “non-traditional trademarks” in China

Trademarks are used to distinguish the goods and services from different trademark owners. Trademarks are unique names, symbols, or logos which have distinctive characteristics.

Trademarks are categorized into product marks, service marks, certification marks and collective marks. And the elements that can combine a trademark include (Chinese) characters, figures, letters of the alphabet, sound, colour combinations, 3-dimensional symbol and their combinations according to the Article 8 of China Trademark Law. A trademark seeking registration shall be so distinctive as to...

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Onitsuka Tiger, the largest trademark infringement case during the past twenty years in Beijing

On November 14th, 2018 the Beijing Municipal Administration of Industry and Commerce issued the largest trademark infringement case decided by the Beijing Municipal Administration of Industry and Commerce in the past twenty years – the trademark infringement of the “Onitsuka Tiger” branded ASICS sneakers, with a fine of 55.87 million RMB.

ASICS is a Japanese limited corporation which has registered many trademarks , including those with the word “tiger”. In December of 2017, the Fengtai Branch of the Beijing Municipal Administration of Industry and Commerce,...

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New National IP appeals court in China

Recently China set up an Intellectual Property Tribunal within the Supreme People’s Court (SPC) to serve as a national IP appellate court.[1] The appeals court opened for business at January 1st, 2019 , two months after plans to launch it were revealed. I t will oversee disputes on patents , plant varieties and computer software , among other areas, but not trademark or trade secrets . The Standing Committee of the National People’s Congress is reviewing a draft proposal that paves the way for the Supreme People’s Court to hear appeals also in Shanghai and...

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Chinese Intellectual Property Institutional Reform

In August 2018, China’s State Intellectual Property Office (SIPO) was renamed the National Intellectual Property Administration ( CNIPA ). It was reorganized under the new government body the State Administration for Market Regulation ( SAMR ).

SAMR was formed by the incorporation of several and currently separated administrative bodies. The following agencies or functions will be integrated under SAMR:

the State Administration for Industry and Commerce (SAIC) (to be dismantled); the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) (to be...
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G40 IPR Summit 2018 in Beijing; speech about trademark registration in the European Union

Our managing counsel Daniel Albrecht delivered a keynote speech about trademark protection in Europe at the G40 IPR Summit 2018 in Beijing , at November 14, 2018. The event was organized by the IPR daily as closed door summit for Asia-Pacific IPR leaders.

The G40 IPR Leaders Closed-Door Summit is the first private invited closed-door summit in the industry. This year's G40 summit focused on the Asia-Pacific region, which has the most active economic development and is also a key strategic hub for international business competition.

The 2018 G40 Asia-Pacific IPR Leaders...

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China`s new cyberspace court

In April 2017, the Supreme People’s Court established a new cyberspace court in Hangzhou , Zhejiang province. The court was set up to handle five types of cases, mainly related to online shopping and intellectual property rights .

The move comes after a successful pilot at four Hangzhou courts beginning in 2015. The courts were upgraded with technology that allow plaintiffs to file cases and upload evidence online and even to appear at hearings via video link if they did not live locally. Judges handling the cases entirely online, process could be much...

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Dunhill awarded CNY10 million after the Foshan Intermediate People’s Court

Fighting trademark cases can be a long, tough battle in China but in October 2018, Richemont’s Alfred Dunhill brand hailed a “major trademark victory” in the country with the luxury brand awarded “uncommonly large” damages by a Chinese court.[1]

It also said the ruling is a “landmark victory in China for any global brand” and “demonstrates the country’s progress in IP protection,” as well as its own “unequivocal resolve” in tackling infringement.[2]

The brand has been awarded CNY10 million ($1.47 million) after the Foshan Intermediate People’s Court,...

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