Region: China

Legislation and IP policy watch: the current state of play (November 2022)

WTR’s monthly column tracking trademark and related policy developments, including the progress of major bills, from around the world.

01 November 2022

Criteria to determine trademark infringement further clarified by CNIPA

A document recently published by the CNIPA provides selected case studies to explain how the “Standards for Determining Trademark Infringement”, issued in 2020, are to be enforced in practice.

01 November 2022

Brand Tracker: May-August 2022

Featured in Prosecution

Over half of the world’s leading brands are making Chinese registrations their number one priority, with an increasing focus on Class 9 goods, according to the latest WTR Brand Tracker.

31 October 2022

Data reveals "surprising" speediness of applications filed by US attorneys with significant Chinese client base

Exclusive data has revealed that US trademark applications filed by attorneys who primarily represent applicants from China reach registration faster, on average, than other marks.

27 October 2022

Chinese courts keep refining application of punitive damages in IP cases

A recent decision of the Shanghai IP Court in favour of a Japanese company provides a new approach to the application of punitive damages.

25 October 2022

Register Tracker Asia-Pacific: May-August 2022

Featured in Prosecution

Chinese companies favour Western markets for filings abroad, according to data published by Fovea IP. However, domestic activity still takes precedence.

24 October 2022

China: Trademark procedures and strategies

Featured in World Trademark Review Yearbook 2022/2023

Natural persons, legal persons or other organisations that require exclusive rights to trademarks for their goods or services during production and business activities can apply for and own a mark in China. A power of attorney is required before filing, which does not need to be notarised or legalised.

21 October 2022

Developments in bad-faith trademark filings and bad-faith enforcement actions in China

In this guest piece, we take a look at how China’s approach towards bad-faith trademark filings has developed over the years, and upcoming changes announced by the CNIPA.

07 October 2022

Christian Louboutin prevails over Chinese shoe manufacturer in ‘red sole’ dispute

The IP Court recognised that Christian Louboutin’s red-lacquered sole, as well as the phrase ‘红底鞋’ (‘red-sole shoe’ in English), were associated with Christian Louboutin and, therefore, were subject to protection under the Anti-unfair Competition Law.

06 October 2022

BNIC successfully invalidates one of the Chinese transliterations for ‘Cognac’

The CNIPA clarified that the protection of foreign GIs includes the protection of their Chinese translations, and is not limited to a determined official translation.

30 September 2022

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