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类型 标题 作者/编者 机构 日期 下载量 浏览量
China’s M.I.I.T. Proposes Broad Regulatory Oversight over Pre-Installed Mobile Phone/Device Applications
China’s M.I.I.T. Proposes Broad Regulatory Oversight over Pre-Installed Mobile Phone/Device Applications
Chinese consumers who have purchased and have used mobile phones/devices (including smartphones, smart tablets, and smart watches) often find that said phones/devices include pre-installed applications. These applications may be core to the function ...
Richard Wigley 金杜律师事务所 2021-02-23 10 245
The Antitrust Safe Harbor for Exercising IPRs: More Details are Needed for its Scope, Thresholds and Compatibility
The Antitrust Safe Harbor for Exercising IPRs: More Details are Needed for its Scope, Thresholds and Compatibility
On April 7, 2015, the State Administration for Industry and Commerce (“SAIC”) officially published the Rules on Prohibition of Abuses of Intellectual Property Rights for the Purposes of Eliminating or Restricting Competition (“SAIC IP Rules”). This i...
Susan Ning, Kate Peng, Weiqing Qiu 金杜律师事务所 2021-02-23 1 207
“Good faith” to deter opportunistic trademark litigation——How to Deal with Abusive Trademark Litigation
“Good faith” to deter opportunistic trademark litigation——How to Deal with Abusive Trademark Litigation
The principle of good faith applies not only to the manner in which trademark rights are obtained, but also to the manner in which those rights are enforced through litigation. Trademarks may generate steady income for trademark holders due to the l...
He Wei(partner), Wang Yaxi(associate) 金杜律师事务所 2021-02-23 1 245
Copyright-related Rights in Sports
Copyright-related Rights in Sports
China has always been known for its sporting prowess. With a well-established popularity, the sports industry enriches people’s lives and has become an important sector for China’s economic reform. In 2014, the state department released S...
Wang Feihong (partner), Liu Ying (senior associate) 金杜律师事务所 2021-01-21 1 274
Experience: A Patent Infringement Litigation in China
Experience: A Patent Infringement Litigation in China
The intellectual property rights protection of China has become a worldwide hot topic. China, as a manufacturing giant, will inevitably become a country with a large number of intellectual property related disputes related to manufacturing in transna...
Jeffrey Thurnau, Mia Qu 金杜律师事务所 2021-01-21 1 256
A Global Perspective: Do Parallel Imports Constitute Trademark Infringement?
A Global Perspective: Do Parallel Imports Constitute Trademark Infringement?
The exhaustion of intellectual property rights is a topic of heated debate around the world. The Agreement on Trade-Related Aspects of Intellectual Property Rights leaves much room for more clarity on how to handle this issue.In practice, the exhaust...
He Fang (Partner), Lou Jiayu (Intern) 金杜律师事务所 2021-01-21 1 223
New Developments in IP Protection in the Game Industry: A Case Study of “Everyone WarCraft”
New Developments in IP Protection in the Game Industry: A Case Study of “Everyone WarCraft”
The Guangzhou IP Court recently delivered judgment in the “Everyone WarCraft” case. Blizzard and EaseNet had sued the producer of the game “Everyone WarCraft” for copyright infringement and unfair competition. The court ruled that “Everyone WarCraft:...
Sun Mingfei (partner), Yin Ji (assistant associate) 金杜律师事务所 2021-01-12 1 271
Patent Disputes and Article 24 of Judicial Interpretation II
Patent Disputes and Article 24 of Judicial Interpretation II
On behalf of Qualcomm Incorporated, King & Wood Mallesons recently asserted several standard essential patents (SEPs) against Meizu, a Zhuhai-based handset manufacturer. Meizu concluded a license agreement with Qualcomm on fair, reasonable, and non-d...
Li Zhongsheng 金杜律师事务所 2020-12-27 1 637
Everything You Should Know before Sending a Cease & Desist Letter in China
Everything You Should Know before Sending a Cease & Desist Letter in China
To protect your IP rights, sending potential infringers a Cease & Desist Letter or Warning Letter is one of the most common tools. Is it a necessary step before starting any legal proceedings in China?What legal consequences does it entail? Are there...
Mia Qu, Hannah Sun, Wendy Dong 金杜律师事务所 2020-12-27 2 502
Protecting foreign copyright in China: how is compensation for damages calculated?
Protecting foreign copyright in China: how is compensation for damages calculated?
SAP SE (the Plaintiff), founded in 1972 and headquartered in Walldorf, Germany, is the largest provider of enterprise management and collaborative commercial solutions in the world. SAP SE compiled a series of textbooks corresponding to modules of so...
Ni Zhenhua 金杜律师事务所 2020-12-20 0 594
Christian Louboutin’s fight against counterfeits of their lipsticks in China
Christian Louboutin’s fight against counterfeits of their lipsticks in China
French fashion designer Christian Louboutin is famed for his iconic red-soled shoes, which are spotted on the feet of numerous domestic and overseas stars at red carpet events. This world-class designer is also known for his unique bullet-shaped lips...
Xu Jing 金杜律师事务所 2020-12-20 0 597
How to Handle Complex Disputes Between Registered Trademark and Well-known Trademark in China?
How to Handle Complex Disputes Between Registered Trademark and Well-known Trademark in China?
At the end of 2016, KWM’s IP Litigation Group obtained favorable judgements for its clients in “Ariston Case” and “John Deere Case”, two typical disputes concerning infringement of well-known trademarks by ordinary regis...
Dang Zhe and He Shijia 金杜律师事务所 2020-12-20 0 569
How to Prevent Copyright Infringement on Social Media
How to Prevent Copyright Infringement on Social Media
In today’s mobile internet era, social media channels such as Weibo and WeChat have become an essential tool in most enterprise companies’ marketing arsenals. However, enterprises often fail to pay enough attention to copyright issues whe...
He Fang 金杜律师事务所 2020-12-15 0 314
The reform of imported drugs registration encourages the marketing of new drugs in China
The reform of imported drugs registration encourages the marketing of new drugs in China
On October 10 2017, the China Food and Drug Administration (“CFDA”) issued the Decisions Concerning the Adjustment of Imported Drug Registration (No. 35 Order by CFDA, “Decisions”). This implements the policy of encouraging ne...
Huang Jianwen 金杜律师事务所 2020-12-15 0 357
Most Frequently Asked Questions about Patent Litigation in China
Most Frequently Asked Questions about Patent Litigation in China
The Chinese patent litigation market is currently booming, with one key driver behind this boom being that many foreign entities and multinational companies are now pursuing enforcement of their patents in China because of a perception that the Chine...
Ni Zhenhua 金杜律师事务所 2020-12-15 0 357
Case report: How such a concealed infringement of UnionPay’s intellectual property was brought to justice in China?
Case report: How such a concealed infringement of UnionPay’s intellectual property was brought to justice in China?
China UnionPay is a bankcard association in China which plays a core and pivotal role in China’s bankcard industry. UnionPay operates an inter-bank transaction settlement system through which the connection and switch between banking systems an...
Mia Qu 金杜律师事务所 2020-12-15 0 449
What Should IP Owners Do to Hold Infringers Criminally Accountable?
What Should IP Owners Do to Hold Infringers Criminally Accountable?
Enterprises and the general public are becoming increasingly aware of their intellectual property (IP) rights as well as the need to protect them. Remedies for IP infringements are commonly obtained from civil lawsuit and complaint to administrative ...
He Fang Zhang Yue 金杜律师事务所 2020-12-05 0 269
How to Rise Up to Challenges under Accelerated Enforcement of Patent Linkage
How to Rise Up to Challenges under Accelerated Enforcement of Patent Linkage
In October 2017, the China Food and Drug Administration (“CFDA”) released a series of documents regarding reform of China’s drug administration system. This new patent linkage system (“PLS”) is discussed in two important...
Shi Bisheng and Guan Xiangyu 金杜律师事务所 2020-12-05 0 358
New Facilitation Measures for Trademark Registration
New Facilitation Measures for Trademark Registration
To increase the quality and efficiency of trademark examinations, China Trademark Office has recently introduced new facilitation measures and plans for trademark registration, including: implementing electronic issuance of documents, speeding up the...
Yang Hua 金杜律师事务所 2020-12-05 0 293
A Case Study of VON DUTCH (Ⅱ)
A Case Study of VON DUTCH (Ⅱ)
On 10 June 2015, ROYER BRANDS INTERNATIONAL S.A.R.L. (“Royer”) filed an application with the PRC Trademark Office (“CTMO”) to register trademark No. 17165854 for designated goods in Class 14. This class includes unprocessed an...
Lin Jiuchu, Zhang Jiaqi and Xu Huiwen 金杜律师事务所 2020-11-25 0 540
1st Civil Case Recognizing Well-known Trademark on Similar Goods
1st Civil Case Recognizing Well-known Trademark on Similar Goods
Recently, Deere & Company won the final trial of a lawsuit involving trademark infringement and unfair competition. The defendants were John Deere (Beijing) Agricultural Machinery Co., Ltd and other two. The Beijing High People’s Court, the...
Dang Zhe and He Shijia 金杜律师事务所 2020-11-25 0 529
Guangdong High People’s Court Issued a Guideline for Trial of SEP Disputes
Guangdong High People’s Court Issued a Guideline for Trial of SEP Disputes
Guangdong High People’s Court recently issued a “Working Guideline of Guangdong High People’s Court on the Trial of Standard Essential Patent Dispute Cases (for trial implementation)” (hereinafter referred to as “the Gui...
倪振华 金杜律师事务所 2020-11-23 1 516
2017 Typical Trademark Cases Released by the Supreme People’s Court of P.R.C
2017 Typical Trademark Cases Released by the Supreme People’s Court of P.R.C
On April 19, 2018, the Supreme People’s Court of the P.R.C released top 10 IP typical cases as well as additional 50 typical IP cases of the year 2017. This article has summarized 19 out of the 22 trademark cases among them which involves the r...
Jiao Hongbin 金杜律师事务所 2020-11-17 0 451
Invocation of Presumptions and Burden of Proof in Patent Disputes over Manufacturing Processes
Invocation of Presumptions and Burden of Proof in Patent Disputes over Manufacturing Processes
Allocation of burden of proof is an area of great concern in a process patent infringement dispute. In practice, the accused infringing process is usually strictly controlled by the accused infringer and hard to approach, which poses great challenge...
Song Xinyue and Ge Min 金杜律师事务所 2020-11-17 0 494
Principles for Determining Damages Compensation in Intellectual Property Cases
Principles for Determining Damages Compensation in Intellectual Property Cases
On 27 February 2018, the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council issued the Opinions on Several Issues Concerning Heightening Reform and Innovation in Intellectual Property R...
Zhang Xiaoxia 金杜律师事务所 2020-11-17 0 394
A Comprehensive Guide to Electronic Signature, from a Legal Perspective
A Comprehensive Guide to Electronic Signature, from a Legal Perspective
There are increasingly popular applications of electronic signature, or e-signature, in our daily life in an era of Internet and digital technology. In addition to the e-commerce, it is already a common practice to transmit and retain files in electr...
He Fang and Wang Bo 金杜律师事务所 2020-11-09 1 435
China Established a Centralized IP Appellate Tribunal
China Established a Centralized IP Appellate Tribunal
On 1 January 2019, the Supreme People’s Court (“SPC”) officially established an appellate-level intellectual property tribunal (“SPC IP Tribunal”), which is somewhat similar to the US Court of Appeals for the Federal Cir...
Ni Zhenhua(Ben) 金杜律师事务所 2020-11-09 1 502
New Amendments of Chinese Trademark Law will Provide Stronger Protection to Trademark Owner in Good Faith
New Amendments of Chinese Trademark Law will Provide Stronger Protection to Trademark Owner in Good Faith
Approved and announced by the Standing Committee of National People’s Congress on April 23, 2019, new amendments of Chinese Trademark Law become effective on November 1, 2019. Focusing on the attempts to stop trademark squatters and trademark infrin...
Ding Xianjie 金杜律师事务所 2020-11-04 1 645
Trademark Use or Not? Trademark Infringement or Not? –The Supreme People’s Court of the P.R.C. Made its Latest Voice in an OEM Related Trademark Infringement Case
Trademark Use or Not? Trademark Infringement or Not? –The Supreme People’s Court of the P.R.C. Made its Latest Voice in an OEM Related Trademark Infringement Case
Under normal circumstances, Original Equipment Manufacturer(OEM) refers to the situation where a Chinese manufacturer enters into an entrustment contract with an overseas company that owns the trademark(s), sometimes in China but in most cases, in ot...
Jiao Hongbin and Liu Yuxin 金杜律师事务所 2020-11-02 1 589
First Parallel Import Case Concluded by Guangzhou IP Court
First Parallel Import Case Concluded by Guangzhou IP Court
Recently, Guangzhou IP Court ruled on its first trademark infringement and unfair competition case regarding parallel import, in which it found such acts should neither constitute trademark infringement nor unfair competition. Parallel import general...
Jiao Hongbin and Liu Yuxin 金杜律师事务所 2020-10-29 1 522