Andrea_liang

Seasoned IP Attorney & Litigator

Navigating China’s Trade Secret Protection: Policies, Developments & Strategic Enforcement (2025 Update)

Introduction China’s competitive landscape increasingly revolves around technological innovation and critical business intelligence. Trade secrets – encompassing undisclosed technical and operational information with commercial value – are vital assets for business survival and growth. Defined under Article 9(4) of China’s Anti-Unfair Competition Law (AUCL), they require three elements: secrecy, commercial value, and confidentiality measures by the rights […]

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Proving Service Mark Usage in China: Strategic Compliance with CNIPA’s Rigorous Evidence Standards(Updated for 2023-2025 Examination Practices)

I. Evolving Legal Context China’s trademark landscape has intensified scrutiny on “defensive registrations.” While CNIPA historically permitted broad-class filings exceeding actual business scope, mounting pressure from trademark squatters prompted the strictest evidence standards since 2023 for non-use cancellation proceedings ([10]). Understanding this shift is critical for foreign entities maintaining service mark registrations. Historical context clarifies

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Strategic Use of Non-Compete Agreements to Protect Trade Secrets in China

Evolution of Legal Frameworks China’s approach to non-compete agreements has shifted significantly since 2008. Initially treated as trade secret infringement cases, these disputes are now classified as labor contract matters under judicial practice. Businesses  must navigate this dual-track system—where trade secret infringements fall under tort law, while non-compete breaches are contractual disputes—to effectively safeguard intellectual

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Case Law: Douyin Awarded a Hefty Compensation of 83 million RMB for Infringing Meishe’s Copyright

Douyin Copying Editing Code of Meishe SDK In May 2021, Meishe Company discovered that the audio and video editing code within the Douyin app had been largely replicated from its Meishe SDK software, which is protected by copyright. Further investigations indicated that other ByteDance products, such as Jianying, Juyuan Chuangyi, Faceu, Tuchong, Qingyan Camera, Duoshan,

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Judge Article: Genuine Intent to Use in Trademark Cancellations

法官说商标 _ “撤三”案件中“真实使用意图”的判断 High Standards for Evidence in Trademark Non-Use Cancellations The phrase “Cancellation for Non-Use” refers to a trademark cancellation initiated by the registered owner due to a lack of valid reasons for not using the trademark. This is commonly known as a “trademark cancellation for non-use” case. Recently, trademark applications in China have

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Global Patent Disputes Among Leading Steel Industry Players in China

China leads the world in both steel production and sales. With an impressive annual output of approximately 1 billion tons, China accounts for nearly half of the global steel production. Following China, India ranks second with around 100 million tons produced annually. Japan and the United States each produce between 70 to 80 million tons,

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Court Case | Assessing Trademark Infringement Concerning Invalidated Trademarks – Robam Case

This segment shines a spotlight on the latest trademark law cases from the CNIPA or local Courts in China, offering a glimpse into the evolving landscape of adjudication and prosecution trends and intellectual property policy shifts in judicial and administrative matters concerning Chinese trademark law, all drawn from the most recent decisions and rulings. Court:

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Court Case | Misleading and False Evidence in Non-use Cancellations Resulting in Significant Legal Rpercussions – FUSTE Case

Practice Trends This case was selected by Beijing High Court among the Ten Most Significant Cases of the Beijing High Court and the Ten Most Notable Cases Pertaining to Judicial Protection for Trademark Prosecution in 2024. It serves as a notable illustration of the thorough investigation of fraudulent evidence in cases of non-use cancellation of trademarks registered over

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Court Case | Faking Authorization as A Blatant Act of Joint Infringement.

Case Number: (2021) Jing 0105 Minchu 42912 Case Summary Plaintiff: Takashi Murakami  Defendants: Alcon Company, Beijing Hengzhi Company, Shenzhen Junfei Company. Takashi Murakami is a highly regarded contemporary artist from Japan, celebrated for his impactful work on a global scale. Among his notable creations is the “Sunflower” series, which has gained widespread acclaim and recognition. 

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Court Case | Similarity Analysis: New Application Incorporating Non-distinctive Trademark

Judicial Viewpoint in Detail 【Case Number】: (2018) Jing Xing Zhong 312   【Adjudicating Institution】: Beijing High People’s Court   In this case, all parties agree that the goods associated with the disputed trademark and the goods approved for the cited trademark are the same or similar. The disputed trademark features the Chinese phrase “五粮液年份原浆” (Wuliangye Vintage Original Liquor),

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