Andrea_liang

Seasoned IP Attorney & Litigator

Fortifying Global Success: A Comprehensive Intellectual Property Strategy Framework for China’s AI App Exports

Artificial Intelligence /

In a time when artificial intelligence knows no boundaries, developers of AI applications in China are leading the way in global technology. The rapid growth of AI app exports, which includes advanced language processing tools, computer vision technologies, and predictive analytics systems, necessitates the establishment of robust intellectual property protection measures. This strategic need goes […]

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Civil Liability Associated with Malicious Trademark Applications in China: A Comprehensive Legal Analysis & Strategic Guide

Blogs, Trademark /

China’s continuous struggle against fraudulent trademark registrations signifies an important advancement in the realm of intellectual property protection. The amendments made to China’s Trademark Law in 2019, along with the Several Provisions on Regulating Trademark Application and Registration, represented a significant turning point by introducing strong measures to address exploitative registration practices in administrative processes.

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Insights into Landmark National Ruling Involving Artificial Intelligence Generated Content

Artificial Intelligence, Uncategorized /

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

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Trademark against Business Name, Infringement or Unfair Competition

Blogs, Trademark /

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

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Licensing Infringement vs Breach of Contract in China

Blogs, Trademark /

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

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Navigating Distributor Parallel Import Practices under China Trademark Law

Blogs, Trademark /

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

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China Supreme Court Against Unjust Enrichment from Mass Litigations by Trademark Owner

Blogs, Trademark /

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

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Case Law: China Local Court Applying EU laws in Local Trademark Trials

Blogs, Trademark /

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

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Violation of Agreement by Distributor Diversion, How to Solve the Problems?

Blogs, Trademark /

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

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Civil Liability Associated with Malicious Trademark Applications

Blogs, Trademark /

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

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