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 […]
Licensing Infringement vs Breach of Contract in China Read More »
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
Navigating Distributor Parallel Import Practices under China Trademark Law Read More »
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
China Supreme Court Against Unjust Enrichment from Mass Litigations by Trademark Owner Read More »
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
Case Law: China Local Court Applying EU laws in Local Trademark Trials Read More »
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
Violation of Agreement by Distributor Diversion, How to Solve the Problems? Read More »
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
Civil Liability Associated with Malicious Trademark Applications Read More »
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
Case Law: Not well-known trademark granted for cross-class protection Read More »
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
Trademark Challenges Facing Imported Nutritional Products Read More »
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
Strategies for Safeguarding TM Rights Following Unlawful TM Registration Read More »
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
Practice Tips: Applying Article 15 to Prevent Cooperative Party Bad Faith Registration Read More »
