Court: Supreme People's Court

Key infringement cases highlight Chinese courts’ approaches to damages

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

China: Comprehensive legislative framework underpins domestic and international IP protection

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

China: Multi-pronged approach proves best fit to tackle rise in counterfeits

Featured in Anti-counterfeiting and Online Brand Enforcement: Global Guide 2024

China produces an estimated 80% of the world’s counterfeit products, so authorities are advocating for a ‘three-in-one’ trial reform of its IP rights system. The combination of civil and criminal litigation, investigation and ex-officio enforcement at customs should improve options for rights holders and facilitate a more comprehensive protection system.

24 June 2024

Lacoste v Cartelo: a landmark case clarifying the rules on confusion and co-existence

A change in marketing strategy may destroy the distinct market perceptions that previously enabled the marks’ co-existence, thus leading to a likelihood of confusion and association.

17 May 2024

A year in China IP enforcement: authorities release annual data

Chinese authorities have released a series of reports providing data and notable IP cases from 2023.

16 May 2024

Five China IP developments you may have missed

Chinese authorities have made significant statements regarding IP protection and annual data in the past three months.

27 March 2024

Supreme Court awards New Balance Rmb30 million in damages in dispute with infringer

The court increased the amount of damages awarded in the first instance from Rmb5 million to just over Rmb30 million - a rarely seen amount in IP litigation in China.

01 February 2024

China's most important cases of the year

We examine the most influential Chinese trademark rulings of the year – and two published pending disputes worth monitoring in 2024.

29 December 2023

Supreme People’s Court awards unprecedented Rmb100 million in damages

The case serves as valuable guidance for IP rights owners facing malicious infringement.

19 October 2023

Managing infringement threats across the supply chain

Featured in Inside China’s IP Market: a Guide 2024

The courts in China generally maintain in foreign-related OEM cases that affixing a trademark to a product should be deemed as use and that there is also a possibility of confusion. While some manufacturers have successfully defended themselves against claims of infringement, the cost is often high.

27 September 2023