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China's New Civil Code: Punitive Damages from IP Infringement Claims - International Trademark Association


Published: April 14, 2021
Anna Mae Koo
Vivien Chan & Co. Beijing, China INTA Bulletins—Asia Pacific Subcommittee
The Civil Code of the People’s Republic of China came into effect on January 1, 2021. Among its approximately 50 new articles relating to intellectual property (IP), one significant impact is the introduction of punitive damages in a broadened scope of IP infringement cases involving “intentional” and “serious” infringements. Here’s a look at what to expect, based on analysis of existing guidelines and past cases.
Punitive Damages for All IP Infringement
Prior to the introduction of the Civil Code, punitive damages were available only with respect to “bad faith” and “serious” trademark infringement under Article 63 of the Trademark Law or infringement of trade secrets under Article 17 of the Anti-Unfair Competition Law. Based on analysis, it may be said that the new Civil Code widens the scope and opens the gate for owners of all types of IP rights to claim punitive damages when certain conditions are met.

China , Civil-code , Trademark-law , Anti-unfair-competition , Patent-law , சீனா , சிவில்-குறியீடு , முத்திரை-சட்டம் , எதிர்ப்பு-நியாயமற்றது-போட்டி , காப்புரிமை-சட்டம் ,

Highlights of China's Supreme Court's new Interpretation on punitive damages in IP cases | Hogan Lovells


[co-author: Stefaan Meuwissen]
The new Interpretation provides flesh to the bare bones of the provisions on punitive damages contained in China’s specific IP laws, which largely omit details on their specific application. The Interpretation clarifies particularly when the conditions for punitive damages, i.e. serious and intentional infringement, will be considered to be met; the basis on which the courts should calculate punitive damages; as well as guidelines for the specific amount at which punitive damages may be set by the courts. The Interpretation will doubtlessly have a profound impact on China’s IP practice, and the clarification it brings will encourage IP owners to make increasing use of punitive damages in China.

China , United-states , Chinese , China-supreme-people-court , Supreme-people-court-interpretation , Supreme-people , Court-interpretation , Punitive-damages , Civil-cases , Intellectual-property-rights , Civil-code

How the Anti-Unfair Competition Law will protect IP rights in China


April 14 2021
It is generally considered that the Anti-Unfair Competition Law of the People's Republic of China offers supplementary protection to IP. The Anti-Unfair Competition Law also regulates the unfair competition acts in the field of IP, thus it could be applied against abuse of IP rights.
Scope of protection
As defined in Article 2 of the Anti-Unfair Competition Law, the act that "violates this law, disrupts market competition order or infringes the legal rights and interests of other business operators or consumers during production or distribution activities" belongs to the Unfair Competition Act.
It covers the "act of confusion, commercial bribery, false or misleading commercial promotion, infringement on trade secret, prize-giving sales, fabricating or disseminating false or misleading information to damage the reputation of a competitor and the online market competition." There is also a catch-all general clause so that the Unfair Competition Act under the definition of Article 2 could all be dealt with under the framework of the Anti-Unfair Competition Law.

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China's Supreme People's Court Releases Adjudication Rules


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China’s Supreme People’s Court Releases 46 Adjudication Rules Based on 55 Example Intellectual Property Cases from 2020
Thursday, March 11, 2021
On February 27, 2021, the Intellectual Property Tribunal of China’s Supreme People’s Court released a set of 46 rules based on a selection of 55 example cases from the 2,787 technical intellectual property (IP) cases concluded by the Court in 2020.  From these 55 cases, the Tribunal refined them into 46 adjudication rules covering the trial of patent civil cases, the trial of patent administrative cases, the trial of new plant variety cases, trial of trade secret cases, trial of computer software cases, trial of IC layout design cases, trial of antitrust cases, and trials of jurisdictional and procedural issues. Summaries of the rules provided by the Tribunal follow.

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Protections: A Commentary On Trade Secrets In Nigeria - Intellectual Property

Protections: A Commentary On Trade Secrets In Nigeria - Intellectual Property
mondaq.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from mondaq.com Daily Mail and Mail on Sunday newspapers.

Nigeria , China , New-york , United-states , Japan , Paris , France-general , France , United-kingdom , Shenzhen , Guangdong , California

China Enforces Antitrust Guidelines on its Online Economy


China Enforces Antitrust Guidelines on its Online Economy
China Enforces Antitrust Guidelines on its Online Economy
February 19, 2021 Posted by China Briefing
Written by
Sofia Baruzzi
Reading Time:
4 minutes
A string of investigations into and penalties imposed upon Chinese internet companies, including leading e-commerce giants, in recent months signaled China’s seriousness about regulating its internet industry to promote fair competition and double down on monopolistic practices. The enforcement of the Antitrust Guidelines for the Platform Economy will strengthen the monitoring and regulatory capacity of financial and local industry authorities.
On February 7, 2021, China’s State Administration for Market Regulation (“SAMR”) promulgated the

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Chinese lawmakers call for measures against unfair online competition


Chinese lawmakers call for measures against unfair online competition
(Xinhua)    10:58, December 24, 2020
BEIJING, Dec. 23 (Xinhua) -- Chinese lawmakers have called for exploring new ways to supervise and manage online behaviors violating the Anti-Unfair Competition Law.
A report on the topic was submitted by the law enforcement inspection team of the Standing Committee of the National People's Congress (NPC) Wednesday to the ongoing session of the NPC Standing Committee for deliberation.
Online behaviors breaching the Anti-Unfair Competition Law keep cropping up, including price discrimination, click farms, paid post deletion, and false advertising via livestreaming, the report says.
The report calls for measures to guide online platforms in tightening compliance and ethical reviews.

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Chinese lawmakers call for measures against unfair online competition - China News


2020-12-23 15:30:58 GMT2020-12-23 23:30:58(Beijing Time) Xinhua English
BEIJING, Dec. 23 (Xinhua) -- Chinese lawmakers have called for exploring new ways to supervise and manage online behaviors violating the Anti-Unfair Competition Law.
A report on the topic was submitted by the law enforcement inspection team of the Standing Committee of the National People's Congress (NPC) Wednesday to the ongoing session of the NPC Standing Committee for deliberation.
Online behaviors breaching the Anti-Unfair Competition Law keep cropping up, including price discrimination, click farms, paid post deletion, and false advertising via livestreaming, the report says.
The report calls for measures to guide online platforms in tightening compliance and ethical reviews.

Beijing , China , Standing-committee-of-the-national-people-congress , Standing-committee , Anti-unfair-competition , National-people , Anti-unfair-competition-law , பெய்ஜிங் , சீனா , நின்று-குழு-ஆஃப்-தி-தேசிய-மக்கள்-காங்கிரஸ் , நின்று-குழு

Chinese lawmakers call for measures against unfair online competition - Xinhua

Chinese lawmakers call for measures against unfair online competition - Xinhua
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Beijing , China , Standing-committee-of-the-national-people-congress , Standing-committee , Anti-unfair-competition , National-people , Anti-unfair-competition-law , பெய்ஜிங் , சீனா , நின்று-குழு-ஆஃப்-தி-தேசிய-மக்கள்-காங்கிரஸ் , நின்று-குழு

China's top legislature starts standing committee session – IBC World News

China's top legislature starts standing committee session – IBC World News
ibcworldnews.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from ibcworldnews.com Daily Mail and Mail on Sunday newspapers.

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