December 08,2017
Recently, we had a client from the U.S. asking us a question regarding the trademark opposition procedure in China, which seemed to be weird to them that the China Trademark Office (hereinafter referred as the CTMO) still approved the registration of the opposed mark even there was NO response from the opposed party during the opposition period.    Read More
September 27,2016
On September 20, 2016, a judgment was issued by Beijing IP Court on a patent infringement case, finding that the act of the defendant Changzhou Airwheel Technology Co., Ltd. ("Airwheel") has infringed the Chinese patent no. ZL201330266398.X of the plaintiff The full United (Beijing) Technology Co., Ltd.("Full United") . Airwheel was ordered by the court to pay damages of CNY 400,000 (USD 60,000).    Read More
August 26,2016
For decades, Guangdong Province plays important role in economy in China. For IP practitioner and IP proprietor, Guangdong Province may be a strategic area that decides the success of nationwide IP enforcement campaign.    Read More
August 25,2016
When applicant files patent application either through PCT route or under Paris Convention in China, it is suggested to review the application document from the perspective of substantive examination and invalidation proceedings. If amendment is necessary, applicant shall seize the chances of voluntary amendment.    Read More
August 16,2016
As may be known to many IP practitioners, there are three types of patents in China: invention patent, utility model patent and design patent. For protection of intellectual property related to a product, there are different varieties and combinations available in China. We will discuss filing strategy for direct filing in China in this article (not for PCT national stage filing).    Read More
August 03,2016
In China, novelty of the patent can be affected by "a conflicting application" of patent which is filed before the application date of the patent and published after the application date of the patent. There is no further indication on whether different types of patent can be conflicting applications in the Patent Law, the Implementation Rule or in the Examination Guideline. Can a design patent be a conflicting application of a utility model patent or a invention patent?    Read More
July 29,2016
In November 2014, Louis Vuitton Malletier, S.A. discovered that large number of handbags and backpacks with trademark and design similar to the registered trademarks and design of Louis Vuitton sold in Xinjinpu Fashion City located in Qipu Road of Shanghai.    Read More
July 18,2016
The judgment of the Second Instance was issued recently after the lost of the First Instance issued in last April for New Balance Trading (China) Co., Ltd., an affiliate of U.S. sneaker maker New Balance (hereinafter referred to as New Balance China). The Guangdong Higher People's Court affirmed the first instance judgment that New Balance China shall stop infringement actions against the trademarks owned by a Chinese citizen surnamed ZHOU, and shall publish a declaration on its official website as well as its online shopping mall to eliminate negative effects; however, the amount of damages was reduced from CNY 98 millions (USD 14.7 millions) to CNY 5 millions (USD 740 thousands).    Read More
July 03,2016
One of the advantages of China’s legal system is that intellectual property enforcement proceedings take place over short time periods relative to Western standards. Capitalizing on this, Jiaquan IP Law scored a major victory for Guangdong Midea Refrigeration (Midea) by removing infringing air conditioners from major markets before the peak of summer sales season, resulting in an increase in sales for Midea of roughly USD$30,000,000.    Read More
March 03,2016
When coming to patent infringement litigation, valid patent, infringement evidence, eligibility of plaintiff and defendant are all essential elements. What happens if the former three elements are well prepared, but the infringer appears to be an underground workshop without business registration? Let's look at an example below.    Read More
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