Andrea_liang

Seasoned IP Attorney & Litigator

Protecting Trade Secrets in China: Leveraging Non-Compete Agreements Effectively

Trade Secret /

To safeguard their competitive edge and prevent employees from switching jobs or disclosing trade secrets, many companies implement non-compete agreements. These agreements require employees to refrain from working for or starting a business with a competing organization for a specified duration, thereby protecting the company’s trade secrets from potential leaks. In the area of legal […]

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Exploring the Evolution of Trademark Usage Evidence Standards in China’s Non-Use Cancellation Cases

Trademark /

I. Key Transformations in Legal Structure and Regulatory Approach China intellectual property landscape is undergoing a major shift towards necessitating significant commercial utilization. An important aspect of this shift involves the China Trademark Non-Use Cancellation, which is addressed in the proposed amendments to the Trademark Law (CNIPA Draft Amendment, January 2023). These amendments fundamentally change the

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Handbook for Safeguarding Food Recipes as Trade Secrets: Key Threats and Strategies for Protection

Trade Secret /

Introduction: The Strategic Imperative of Trade Secret Protection In the global food industry, which is worth trillions of dollars, proprietary recipes are vital competitive assets. Historical examples, such as Coca-Cola’s long-standing protection of its formula and the 2016 incident involving the theft of Lao Gan Ma’s chili sauce recipe—resulting in over ten million renminbi in

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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

Trademark /

China continuous struggle against fraudulent trademark registrations signifies an important advancement in the realm of intellectual property protection. The amendments made to China 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

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

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

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

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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