Region: China

Featured in Trademark Litigation Review 2025

The past year has seen several high damages awards cases in China, and the courts are applying different methods to calculate amounts. As approaches differ across the country, it is crucial for rights holders to understand current judicial practices, which ultimately demonstrate a stronger focus on deterring infringers. 

20 August 2024

Featured in Trademark Litigation Review 2025

There are two enforcement avenues in China when a trademark has been infringed: filing a complaint before the Market Supervision Administration and litigating before the courts. When deciding which route to take, brand owners must consider specific aspects of the legal framework. 

20 August 2024

Featured in Trademark Litigation Review 2025

The CNIPA is zeroing in on protecting prior rights in opposition proceedings, and recent practices indicate that the administration is increasingly relying on catch-all provisions to curb bad-faith filings. Rights holders must be aware of these emerging trends in order to bolster their chances of success in opposition proceedings.

20 August 2024

Featured in Trademark Litigation Review 2025

The courts have continued to crack down on bad-faith trademark filings, improving the quality of administrative cases and curbing malicious trademark hoarding. It is crucial for plaintiffs to collect evidence of use to support damages claims. 

20 August 2024

The most common types of non-compliance when it comes to IP licensing agreements, and how best to pursue action when breaches occur.

15 August 2024

While trademarks form the foundation of brand protection, a changing market calls for a multifaceted approach to safeguarding IP rights. Technological advancements and sophisticated counterfeiters necessitate a more proactive strategy that incorporates trademarks, digital timestamps, patents and copyrights.

15 August 2024

Due to concerns that some actors may abuse the non-use cancellation process to harass legitimate registered trademark owners, the CNIPA is now considering the intentions of frequent filers of non-use cancellation actions. 

15 August 2024

With no fixed guidance in judicial practice, what constitutes substantive change on a refurbished product can be difficult to define. However, analysis of jurisprudence in previous cases sheds light on how rights holders can avoid potential pitfalls when it comes to proving bad faith. 

08 August 2024

Chinese shopping agent Pandabuy has been sued by fashion brands including Off-White and Sp5der in New York, WTR can reveal.

05 August 2024

Products that are refurbished without authorisation can be a problem for rights holders looking to safeguard their brand image. It is therefore crucial to understand what constitutes infringement when it comes to refurbished goods.

01 August 2024