Region: China

Vans’ enforcement strategy: claiming punitive damages against small to medium-sized infringers

Vans’ approach to enforcement in China notably includes targeting small to medium-sized infringers. A recent example of the company’s enforcement strategy comes from Rui’an in Zhejiang Province.

04 November 2022

Lessons from the case law of China’s IP appeals court

Featured in China: Managing the IP Lifecycle 2023

In China, there is no US-style discovery procedure, and the burden of proof is almost completely on the plaintiff in IP litigation. To establish the case, the plaintiff must provide evidence to prove the accused infringing acts, as well as related physical products and materials to support damages.

02 November 2022

From high-value patents to high-value transnational patent portfolios

Featured in China: Managing the IP Lifecycle 2023

The requirements of Chinese enterprises for patent applications have developed from an initial quantitative requirement regarding the quality of patents to the value of the patents, and further to the need for high-value patent portfolios that are transnational.

02 November 2022

Punitive damages in IP infringement cases

Featured in China: Managing the IP Lifecycle 2023

After six years of judicial practice, the punitive damages clause in the Trademark Law was revised to one to five times the actual damages in 2019 from one to three times the actual damages in 2013. In the same year, the Anti-Unfair Competition Law was also introduced for the first time, with the same range of one to five times. In the Trademark Law and the Anti-Unfair Competition Law, the conditions for applying punitive damages are the same: malicious infringement and serious circumstances.

02 November 2022

Administrative IP protection in China

Featured in China: Managing the IP Lifecycle 2023

Strengthening IP protection has become a main focus in China. With the increasing frequency of IP rights infringements, the question of how best to protect IP rights has become a concern that many rights holders are considering.

02 November 2022

Registering 3D Marks in China

Featured in China: Managing the IP Lifecycle 2023

Conventional 2D trademarks that are deemed indistinct can obtain distinctiveness with the addition of unique features. For instance, a mark containing the single letter ‘M’ in plain form is deemed to be indistinctive; however, if the letter is sufficiently stylised, such as in the case of the golden arches symbol of McDonald’s, it can obtain distinctiveness. It has, therefore, been debated whether 3D marks in similar situations can be treated similarly. The laws governing the issue have evolved over time in China.

02 November 2022

Joint strategies for patent infringement and invalidation proceedings

Featured in China: Managing the IP Lifecycle 2023

Since patent invalidation and infringement proceedings are closely related to and affect each other, patentees must consider the two proceedings jointly to obtain a desired result of rights protection. The positions in both proceedings must be consistent.

02 November 2022

IP enforcement through China Customs

Featured in China: Managing the IP Lifecycle 2023

Customs has taken special action in recent years to strengthen the protection of IP rights, focusing on targeted protection in certain industries, transportation channels and circulation links.

02 November 2022

Understanding design patent protection

Featured in China: Managing the IP Lifecycle 2023

According to the Patent Law, ‘design’ refers to the whole or a part of a product; any new design of the shape, the pattern or their combination of a product; or the combination of the colour with the shape or pattern of a product that has high aesthetic appeal and is fit for industrial application.

02 November 2022

IP issues in outsourcing in China

Featured in China: Managing the IP Lifecycle 2023

The most significant advantages of outsourcing are time and cost savings; however, any negligence or lack of preparation in respect of intellectual property in outsourcing may backfire and result in losses in the marketplace in addition to time and money.

02 November 2022

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