July 2025
Insights into Landmark National Ruling Involving Artificial Intelligence Generated Content
This case marks a significant milestone as the first national ruling aimed at safeguarding the copyright of AI-generated “text-to-image” works. （2023）京0491民初11279号民事判决书 In its ruling, the Chinese court maintained an “anthropocentric” approach to defining copyright ownership, viewing the AI model as a supportive tool rather than the primary creator. It underscores the legislative intent of “encouraging creation” while reaffirming […]
Trademark against Business Name, Infringement or Unfair Competition
Trademarks and business names serve similar legal functions within market economic activities. Both are designed to differentiate the goods and services offered by specific producers from those of others, enabling the public to easily identify the providers of particular goods or services. This distinction aids consumer decision-making and ensures quality assurance. Under China practice, if an […]
Licensing Infringement vs Breach of Contract in China
Licensing agreements are a popular tool in this endeavor, allowing companies to grant others the right to use their intellectual property in exchange for royalties or other forms of compensation. However, when a licensee strays from the agreed-upon terms, the licensor can face substantial losses due to contract breaches and IP infringements. The fallout from these […]
Navigating Distributor Parallel Import Practices under China Trademark Law
Parallel Import under China Practice Parallel imports refer to the practice where certain distributors sell products beyond their designated territories. This often involves a distributor in one region marketing products intended for their local market into the distribution areas of other distributors representing the same brand in different regions. Such situations typically arise from disorganized […]
China Supreme Court Against Unjust Enrichment from Mass Litigations by Trademark Owner
In the late 2024, the Supreme People’s Court of the People’s Republic of China (“SPC”) issued an important ruling in the Retrial procedure of the trademark infringement case involving Nature Republic Co., Ltd (“NR”, the trademark holder of “NATURE REPUBLIC” for aloe vera gel) and Wangdu County Jianglin Cosmetics Sales Department (the defendant “Jianglin”, a […]
Case Law: China Local Court Applying EU laws in Local Trademark Trials
Recently, the Suzhou Intermediate People’s Court in Jiangsu Province delivered a final ruling on a trademark infringement and unfair competition case involving two Chinese photovoltaic companies. The court utilized the EU Trademark Regulation to evaluate the ownership and specifics of the disputed trademark, while also applying Chinese law to determine trademark infringement liability. Case Overview […]
Violation of Agreement by Distributor Diversion, How to Solve the Problems?
In the legal relationship between suppliers and distributors, the term “diversion” often arises as a type of breach. It’s important to understand that diversion is not a formal legal term; instead, it refers to the chaotic distribution of products across different regions, markets, and channels, driven by the interests of various parties, which can lead […]
Civil Liability Associated with Malicious Trademark Applications
In recent years, China has made significant strides in safeguarding the rights of trademark holders and fostering fair market competition by enhancing regulations against malicious trademark applications. The 2019 revision of the Trademark Law, along with the introduction of the Several Provisions on Regulating Trademark Application and Registration, has established a strong legal framework to effectively […]
Case Law: Not well-known trademark granted for cross-class protection
The disputes between Huatuo Sinopharm and Guangdong Huatuo Pharm continued for over 10 years, which received high attention from the China traditional pharm industry. In 2024, Beijing High People’s Court overruled the judgement of the 1st Instance and considered the defendants Guangdong Huatuo Pharm and other companies constituted trademark infringement and unfair competition on free […]
Trademark Challenges Facing Imported Nutritional Products
The increasing demand for health-related products and the expansion of cross-border e-commerce have resulted in a significant influx of foreign nutritional products into the Chinese market. In 2023, reports indicated that China’s cross-border import e-commerce reached an impressive 548.3 billion yuan, with nutritional supplements emerging as a prominent category, boasting a purchase rate of nearly […]
Strategies for Safeguarding TM Rights Following Unlawful TM Registration
Brands that are influential in their home markets need to actively pursue trademark registrations in other regions. Neglecting this can result in trademark squatting, which can hinder the brand’s operations in the new market and lead to legal challenges from the squatter. Typically, the registered party may respond by seeking to invalidate the trademark or […]
Practice Tips: Applying Article 15 to Prevent Cooperative Party Bad Faith Registration
What is Article 15 of China Trademark Law About? The intent of Article 15, Paragraph 2 of the Trademark Law is to prevent individuals who are aware of another’s trademark, due to their specific relationship, from infringing upon that trademark. This aims to foster a marketplace characterized by honesty and fair competition. An unregistered trademark […]
Case Law: Foreign Trademarks Rejected on Absolute Grounds
Throughout the lengthy process of applying for a trademark, even if the trademark is an invented word in a foreign language, examiners often assign various “translations” to it. This can lead to rejections based on absolute grounds such as lack of distinctiveness, potential for confusion, and negative implications. Despite the applicant’s strong arguments during the […]
Practice Tips: Steps to Take Once Your Trademark Being Squatted
Where the right owner fails to register their trademark promptly, allowing a squatter to take advantage and register it instead. Such registration not only results in the original owner losing control over their trademark and suffering infringements on their rights and reputation, but it also disrupts their business operations, leading to financial losses. Consequently, the […]
Revised Evidence Requirements for Non-Use Cancellations in China
The China National Intellectual Property Administration (CNIPA) has recently issued rectification notices to non-use cancellation applications. This initiative aims to enhance the standards for filing cancellation requests and prevent arbitrary submissions. According to the rectification notice, applicants are now required to present preliminary evidence indicating that the registered trademark has not been utilized in the […]
Patent Infringement Established without Physical Product
This case introduces a novel litigation strategy for assessing patent infringement related to the use of large industrial equipment, particularly in situations where obtaining physical evidence is challenging. It also highlights the commitment of Chinese courts to address evidentiary difficulties faced by rights holders. Neutral Point Drift of Siemens AG The plaintiff, Siemens AG, has […]
Jingce Case: Innovative Evidence Collection Techniques for Unconventional Industrial Products in Patent Infringements
In the patent infringement lawsuit involving Wuhan Jingce Electronics and Suzhou Haide Company, Jingce Electronics encountered a challenge in the initial trial. Our team, representing Jingce Electronics, achieved notable success during the appeal, convincing the Supreme People’s Court to totally reverse the original ruling of the first instance and fully support our main arguments. The […]
Overview of Burden of Proof in China Patent Infringement Cases
General Rule In patent infringement cases, the burden of proof is outlined in Article 2 of the Supreme People’s Court’s Several Provisions on Evidence in Intellectual Property Civil Proceedings. In these civil intellectual property matters, including patent disputes, the plaintiff is responsible for the initial burden of proof, which requires them to present preliminary evidence […]
Analysis of IP Licensing Within the Copyright Framework – Risks and Solutions
The Chinese animated film “Nezha 2” is expected to break box office records, surpassing $10 billion. This surge in related intellectual property (IP) merchandise highlights the strength of high-quality IP derivatives in China. Adaptations of various creative works—such as novels, films, TV shows, animations, and games—are crucial for the entertainment industry. Today, IP is an […]
Evolving Trends in Chinese Trademark Law: Empowering Registrants to Proactively Utilize the Registrations
In recent years, the increase in trademark registrations in China has led to some concerning trends, such as registration without use, malicious preemptive registrations, and trademark hoarding for speculative purposes. This has resulted in a significant number of idle trademarks, which not only waste resources but also hinder some enterprises from registering their desired brands. […]