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Multinationals With Operations In China May Be Feeling Caught Between A Rock And A Hard Place - International Law

The growing economic and political tension between the U.S. and China has placed multinationals with operations in China in a tenuous position – comply with U.S. sanctions laws, and in return...

Japan , Yuanda , Sichuan , China , Shanghai , Hong-kong , United-kingdom , Beijing , Sweden , Canada , Britain , Swedish

Fall 2021 Unfair Competition Updates in China

SAMR issued Provisions on Prohibition of Unfair Competition on the Internet which prohibits businesses from making misleading advertising about themselves or products. The SPC issued the Interpretations on Issues Concerning Application of the Anti-Unfair Competition Law.

Supreme-court , Network-interference , Administration-for-market-regulation , Supreme-people-court , Market-regulation-issues-provisions , Unfair-competition , State-administration , Market-regulation , Public-comment , Anti-unfair-competition-law , Market-regulatory-authorities

China Cracks Down on Misleading Cosmetic Claimsmdash;Heres How to Comply

With tighter cosmetic regulations in China, the country is watching for and subduing misleading or false product claims. To avoid penalties and ensure compliance, regulatory consulting firm ChemLinked offers solutions.

China , Chinese , Compliance-solutions , Administration-regulation , Asia-update , Claim-rules , Cosmetics-supervision , Anti-unfair-competition , Cosmetic-efficacy-claim-evaluation , Administrative-measures , Cosmetics-labeling

China State Administration Releases Ten Anti-Unfair Competition Cases

China State Administration Releases Ten Anti-Unfair Competition Cases
natlawreview.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from natlawreview.com Daily Mail and Mail on Sunday newspapers.

Jilin , China , Jiaohe , Suzhou , Jiangsu , Zhang-fei , Anhui , Xiamen , Fujian , Beijing , Peking , Haicang

Court rules against trademark squatter

A recent case concerned a form of trademark squatting that involves the squatter filing numerous identical or similar marks, preferably in classes of goods or services in which the targeted trademark is not registered. This behaviour forces the victim to file numerous oppositions or invalidation actions and therefore incur significant costs. The decision may become a precedent in the fight against trademark squatting and gives hope to victims thereof.

Germany , Kangdian , Jiangsu , China , Minhang , Shanghai , Chinese , German , Shanghai-kangdian-industrial-company , Minhang-district-court , Minhang-district-shanghai-court

CHINA: Bakery Brand PARIS BAGUETTE Wins Infringement Case - International Trademark Association

Published: May 26, 2021
Verifier
Zhigang Zhu
Wanhuida Intellectual Property Beijing, China Enforcement Committee—Judicial Administration and Trademark Litigation Subcommittee
The Beijing Intellectual Property Court issued a judgment following a dispute concerning claims of infringement of trademark rights and unfair competition of the marks PARIS BAGUETTE and its transliteration in Chinese characters—巴黎贝甜, which are bakery chain brands operated by the plaintiff. (2018)京73民初316号. Jing 73 Min Chu No.316 (2018).
As the mark contains the well-known city name Paris, the plaintiff failed to have its trademarks registered in China. However, the two defendants successfully registered almost 100 trademarks for “BARIS BAGUETTE” and “芭黎贝甜” (same pronunciation but a nuance in written form).

Beijing , China , Paris , France-general , France , Chinese , Property-court , Beijing-intellectual-property-court , Chinese-anti-unfair-competition , Anti-unfair-competition , பெய்ஜிங்

Revocations and damages: the 2020 China decisions shaping trademark practice

Co-published
Last year was an active one in terms of trademark decisions in China. The second of a two-part look at the decisions that should be on rights holders’ radars presents revocations for non-use decisions and those that illustrate the raising level of financial compensation awarded by the courts, which do not hesitate to use punitive damages and endorse contractual damages.
Most of the judgments were rendered by the Beijing IP Court and the Beijing High Court, with prosecution disputes handled by the trademark administration (ie, the China National IP Administration (CNIPA), which replaced the China Trademark Office (CTMO) and the Trademark Review and Adjudication Board (TRAB) after an administrative reshuffling).

Germany , Guangzhou , Guangdong , China , Beijing , Hangzhou , Zhejiang , Suzhou , Jiangsu , Chinese , German , Jing-xing-zhong

CHINA: Bad Faith Registration Can Be Unfair Competition - International Trademark Association

CHINA: Bad Faith Registration Can Be Unfair Competition - International Trademark Association
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Germany , Kangdian , Jiangsu , China , Minhang , Shanghai , Chinese , German , Li-qin , Hangzhou-municipality-yuhang-district-court , Shanghai-city-minhang-district-court , Shanghai-kangdian-enterprise-co

SPC invalidates copycat N trademarks

Facts
New Balance was a major sport footwear manufacturer, known primarily for its high quality and high-performance sneakers with the iconic 'N' logo. In 1983 New Balance registered the following trademark in Class 25 in China:

Figure 1: New Balance logo 1
In 2014 New Balance registered another representation of the logo (Figure 2), also in Class 25:

Figure 2: New Balance logo 2
In 2010 Hainan Qierte Investment LLC filed applications for the following two trademarks in Class 25:

Figure 3: disputed marks
In 2012 Hainan Qierte Investment LLC obtained the registration of these marks. In 2013 both marks were assigned to another company, Qierte Co Ltd.
On 7 January 2014 New Balance brought an invalidation action against the disputed marks before the Trademark Review and Adjudication Board (TRAB), citing the following articles of the Trademark Law 2001:

China , Beijing , Qierte-co-ltd , Ip-court , Hainan-qierte-investment , Supreme-people-court , High-court , New-balance , Qierte-investment , Trademark-review , Adjudication-board

Future of IP – China: A closer look at AI and trade secret protection

April 28 2021
Not all artificial intelligence (AI)-related innovations are suitable for patent protection. Some innovations with improved AI algorithms may not have a specific application field that can fit into the protection of patent, and some AI-related IP rights are not protected by the Patent Law, e.g. the data itself.
In these scenarios, the AI software owner may consider protecting it as a trade secret. Considering the nature of secrecy of trade secrets, the advantage of protecting AI algorithms or softwares in this form is that the ‘idea’ of products can be concealed.
On September 10 2020, the Supreme Court of China announced the judicial interpretation titled “Provisions of the Supreme Court on Several Issues Concerning the Application of Laws in the Trial of Civil Cases of Infringement of Trade Secrets” (hereinafter referred to as ‘new judicial interpretation’).

China , Liu-shen , Hubei , Shanghai , Jing-zhang , Henan , South-korea , Guang-hou , Shanghai-jiao-tong-university , Supreme-court , Telecommunication-research-institution-of-samsung-electronics , University-of-science