Andrea_liang

Seasoned IP Attorney & Litigator

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 […]

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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

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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

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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

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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. 

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Assessing Trademark Infringement in the Realm of E-Commerce

As online sales continue to grow, the issue of trademark infringement has become increasingly significant due to advancements in internet technology. Many businesses rely on online sales, which has unfortunately led to some dishonest sellers taking advantage of others’ trademark rights. This raises the question: how should trademark infringement be assessed in the realm of

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Fresh Perspective on Navigating Trademark Three-Year-Non-Use Cases in China

The large number of trademarks in China, combined with their monopolistic characteristics, makes trademarks—particularly “valuable trademarks”—a limited asset in business competition, which inevitably results in a “scramble” for them. Additionally, the law requires trademark registrants to use and consistently utilize their registered trademarks. There is a three-year grace period after registration during which the registrant

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Legal Liability and Case Analysis of Forged Trademark Authorization Letters

Introduction In real-world scenarios, instances of forging trademark authorization letters are not uncommon. Such acts may involve impersonating an authorized brand dealer, deceiving online platforms to gain promotional and sales privileges, or engaging in fraudulent activities using these forged documents.  The following is an overview and examination of the characteristics of forgery trademark authorization letters

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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

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Navigating the Landscape of Trademark Protection for Foreign Businesses in China

The China National Intellectual Property Administration (CNIPA) has taken significant steps in recent years to combat malicious trademark registration practices. This includes addressing issues such as trademark hoarding, piggybacking on well-known brands, free-riding, and hijacking trending topics.  Despite these efforts, as outlined in Articles 33 and 45 of the Trademark Law, the CNIPA will not

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