intellectual property

Recently China set up an Intellectual Property Tribunal within the Supreme People’s Court (SPC) to serve as a national IP appellate court.[1] The appeals court opened for business at January 1st, 2019 , two months after plans to launch it were revealed. I t will oversee disputes on patents , plant varieties and computer software , among other areas, but not trademark or trade secrets . The Standing Committee of the National People’s Congress is reviewing a draft proposal that paves the way for the Supreme People’s Court to hear appeals also in Shanghai and...

In August 2018, China’s State Intellectual Property Office (SIPO) was renamed the National Intellectual Property Administration ( CNIPA ). It was reorganized under the new government body the State Administration for Market Regulation ( SAMR ).

SAMR was formed by the incorporation of several and currently separated administrative bodies. The following agencies or functions will be integrated under SAMR:

the State Administration for Industry and Commerce (SAIC) (to be dismantled); the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) (to be...

Our managing counsel Daniel Albrecht delivered a keynote speech about trademark protection in Europe at the G40 IPR Summit 2018 in Beijing , at November 14, 2018. The event was organized by the IPR daily as closed door summit for Asia-Pacific IPR leaders.

The G40 IPR Leaders Closed-Door Summit is the first private invited closed-door summit in the industry. This year's G40 summit focused on the Asia-Pacific region, which has the most active economic development and is also a key strategic hub for international business competition.

The 2018 G40 Asia-Pacific IPR Leaders...

In April 2017, the Supreme People’s Court established a new cyberspace court in Hangzhou , Zhejiang province. The court was set up to handle five types of cases, mainly related to online shopping and intellectual property rights .

The move comes after a successful pilot at four Hangzhou courts beginning in 2015. The courts were upgraded with technology that allow plaintiffs to file cases and upload evidence online and even to appear at hearings via video link if they did not live locally. Judges handling the cases entirely online, process could be much...

Fighting trademark cases can be a long, tough battle in China but in October 2018, Richemont’s Alfred Dunhill brand hailed a “major trademark victory” in the country with the luxury brand awarded “uncommonly large” damages by a Chinese court.[1]

It also said the ruling is a “landmark victory in China for any global brand” and “demonstrates the country’s progress in IP protection,” as well as its own “unequivocal resolve” in tackling infringement.[2]

The brand has been awarded CNY10 million ($1.47 million) after the Foshan Intermediate People’s Court,...

On November 7th 2018 our managing counsel Daniel Albrecht delivered successfully a keynote speech about Trademark registration in Austria and Germany at the Guangdong Intellectual Property Trade Expo 2018 . We are happy that the audience of about 200 IP professionals and government officials from the Greater Bay Area were so interesting in this topic. Special thx to our friends from the IPR daily for the introduction to this great event.

Under the approval of Guangdong provincial committee and government, the first Guangdong Intellectual Property Trade Expo was hosted in Guangzhou...

As a consequence of the commercialization of the internet, the world of the consumer has experienced a fundamental change. The e-Commerce market is constantly changing and, in response to the fact that the e-Commerce markets between European Union and China are getting more and more intertwined, it seems to be necessary to provide a legal framework to overview the situation within the scope of e-Commerce.

I. European Union: e-Commerce Directive 2000/31/EC

The e-Commerce Directive 2000/31/EC has created the legal foundation for online services,...

More than 180 local trade decision-makers discussed the day of the trade on 27 September together with their partners and top-level political representatives on where the new trade is heading. The 14th edition of the annual mandatory retail event took place in the exclusive ambience of the Vienna Albert Hall and was initiated by trade association president Stephan Mayer-Heinisch. From the most exciting retail trends in the promising market of China to the costs of regional planning, the effects of trade tariffs, the potential for cooperation between agriculture and the food retail industry...

Pinduoduo Inc. (拼多多) is a social e-commerce start-up based in Shanghai. Pinduoduo offers to shoppers discounts on bulk orders; in fact, shoppers are encouraged to form “teams” with their social networking connections on WeChat and QQ to score bigger discounts. Pinduoduo filed its Initial Public Offering on Nasdaq (American stock exchange) on July 26; the IPO offered 85.6 million American depository shares at US $19. The opening price was US $26.5 per American depository shares, up nearly 40% from the issued price. Its massive IPO ranked alongside other Chinese e-commerce giants such as...

In 2012, the two plaintiffs Mona Lisa Building Materials Co. Ltd. and Mona Lisa Sanitary Appliance Co. requested the cancellation of the registered trademark M MONALISA in Class 11 for “Flush Toilets owned by the Mona Lisa Group Co., Ltd. The plaintiffs based their claim on the prior registration of MONA LISA and Chinese characters in Class 11 for “Bath fittings, Sauna bath installations, Shower cubicles, etc.”. On November 25th, 2013, the Trademark Review and Adjudication Board (TRAB) decided in favour of the plaintiffs.

However, the Beijing First Intermediate People’s Court (IPC...