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New
- China's top court released top 10 IP cases of 2023—Case involving “Siemens” trademark infringement and unfair competition disputes
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The Supreme People’s Court (SPC), China’s top court, recently released the top 10 intellectual property cases and 50 exemplary intellectual property cases of 2023. In the upcoming weeks, China IP will publish the English version of the top 10 intellectual property cases of 2023.
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New
- In Commemoration of the 20th Anniversary of INTA’s China Representative Office—— Interview with INTA CEO Etienne Sanz de Acedo
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This year marks the 20th anniversary of the establishment of INTA’s China Representative Office. Recently, China IP was invited to attend the 20th anniversary event of the Office held in Beijing. At the event, China IP interviewed Mr.Etienne Sanz de Acedo, CEO of INTA.
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New
- How to Respond to Drastic Amendment to China Trademark Law by the Right Holder
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On January 13, 2023, the\ CNIPA issued the Bill to Revise the Trademark Law of the People's Republic of China. This paper will sort out the key amendments that have the greatest impact on trademark practice, and discuss the reasons behind the amendment, the possible influence and the countermeasures that shall be taken by a right holder.
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New
- Chinese character trademarks enjoy lowered distinctiveness in EU
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The recent judgement of the General Court of the European Union in Case T‑323/21 Castel Frères v. Shanghai Panati Co. deals with the genuine use of a trade mark and distinctiveness of Chinese character trade marks in the EU. The Court decided that the registration of the contested Chinese character trade mark shall be revoked because its level of distinctiveness is below the average and it had been only used as a decorative element and not as an indication of origin of the goods.
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New
- Shanghai Lujinsuo Internet Financial Information Service Co., Ltd. v. Xi'an Luzhitou Software Technology Co., Ltd.
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When an internet rushing buy service uses technical means to provide users of the target platform with an unfair rushing buy advantage, which destroys the established rushing buy rules of the target platform and deliberately bypasses its regulatory measures, causing serious damage to the user stickiness and business environment of the target platform, it shall be deemed to have constituted unfair competition.
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New
- New Balance Trading (China) Co., Ltd. v. New Bunren (China) Sporting Goods Co., Ltd. et al
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This is the first case that the court actively explores the application of prior well-known commodity-specific decoration rights (decorations with certain influence) and trademark rights.
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New
- Applicable circumstances for postponement of examinations of administrative trademark cases
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This article mainly introduces and discusses the specific types of cases that can be postponed in trademark administrative cases and the circumstances of the application of postponement. In the above-mentioned procedures and other procedures, there are also some other causes for postponement, such as requesting for the postponement of examination of review cases of refusal based on a consent.
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New
- Ownership of trademark rights of informal appellations
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The analysis of this paper shows that there are two main factors that affect the ownership of trademark rights of informal appellation: one is whether the holder of formal trademark has subjective intention and objective behavior to use informal appellation, and the other is whether the use of informal appellation by others will lead to confusion and misunderstanding or damage the legitimate rights and interests of the holder of formal trademark.
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- Liability determination of trademark infringement before invalidation of trademark declared
- The special feature of this case is that the trademark was still legally in existence when the accused trademark was used by Nanchangxin Company, but was later cancelled (invalid).
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- The Status of Likelihood of Confusion Standard in the Determination of Trademark Infringement
- The likelihood of confusion is the core and fundamental of trademark infringement determination.
