Beijing IP Court Granted the First Preliminary Injunction over “The Voice of China” — Insights into Chinese Preliminary Injunction Practice

(Author: Yan HONG; Source: Lung Tin) On July 4, 2016, Beijing Intellectual Property Court upheld its injunction to stop Shanghai Global Star China Media Co. Ltd. (“Star”) from using the Chinese name of the popular TV talent show “The Voice of China,” which injunction was originally issued on June 20. This case appears to be the first preliminary injunction (also called pre-litigation act […]

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Assessing China’s Plan to Build Internet Power

(Author: Scott D. Livingston; Source: SIPS) When the Chinese Communist Party targeted clean energy in its 11th Five Year Plan (2006-2010), the resulting investment spree upended the global clean energy market almost overnight. Now, as China approaches its 13th Five Year Plan, a new policy dubbed “Internet Power” is emerging as a central theme and is already beginning to influence an even more critical sector: […]

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Chinese Courts Are Increasing Damages Awards

(Author: LIU, Xiao(Shawn); Source: Lung Tin) On December 8, 2016, Beijing IP Court, in a patent infringement case, found in favor of plaintiff Watchdata System Company Ltd., and ordered defendant Hengbao Company, Ltd. to pay an unprecedented amount of CNY 49 million ($ 7.1 million) in damages for infringing g a single patent. In addition, the court awarded attorneys’ fees—a rare grant of […]

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Merchandise Licensing: Contractual Arrangements

(Author: Troy Rice and Joe Simone; Source: SIPS) This is the second part of a two-part article introducing best practices in this sector. The first part focused on securing relevant IP. This part focuses on merchandise licensing arrangements. There are often mistakes made and opportunities missed when a foreign merchandise licensing company (merchandiser) adapts its global template contracts for use with licensees and sublicensees in […]

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Practical Tips: Disputes over Remedies for Improperly-Applied and Granted Interim Measures

(Author: . Xiaobing WANG; Source: Lung Tin) Assume, for example, a preliminary injunction, that enjoined the defendant from manufacturing and selling a product based on the plaintiff’s claim of patent infringement, was later proved wrong. How, in China, would the defendant be fully compensated for harms inflicted due to the wrongfully-granted preliminary injunction? This article first summarizes the laws relating to interim measures of […]

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Amendments of Anti-Unfair Competition Law

(Author:Wen Zhong; Source: Liu Shen & Associates) After 24 years of implementation of the Anti-Unfair Competition Law (hereinafter referred to as “Existing law”), the first amendment to the Existing law has been passed by the Standing Committee of the National People’s Congress. The new law will come into force on January 1, 2018. There are three motives of this amendment: the […]

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Harmonizing Judgment Criteria, Balancing Parties’ Interest

(Author: Zunxia Li, Lindong Liu; Source: Chofn Intellectual Property) On March 22, 2016, the Supreme People’s Court of China(SPC) published a new judicial interpretation “Several Issues Concerning Application of Law in the Trial of Cases involving Patent Infringement Disputes (Part II)” (hereinafter referred to as “New Judicial Interpretation”), which took effect from April 1, 2016.  This new judicial interpretation as the second part is a […]

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China’s Red-Canned Beverage IP Dispute – Guangdong JDB vs. Guangzhou Wanglaoji

(Author: ZHANG Lei; Source: Lifang & Partners) On 16th August 2017, in Beijing, China, the Supreme People’s Court issued verdicts in the two cases concerning the disputes between Guangdong JDB Beverage and Food Co., Ltd. (JDB) and Guangzhou Wanglaoji Health Industry Co. Ltd. (Wong Lo Kat), a subsidiary of Guangzhou Pharmaceutical Holdings Limited (GPHL). The Packaging of JDB and Wong Lo […]

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Understanding the criteria to establish trade secret rights

(Source: AFD China Intellectual Property) Trade secrets differ from trademarks and patents in that neither ownership certificates nor confirmation of their protection scope can be obtained for them. As such, with respect to civil disputes, the key focus should be on determining whether the trade secret in question is protectable (ie, whether the criteria to establish trade secret rights can be […]

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For What Reason Should an E-Group Administrator Be Brought to Account for an Unauthorized Piece of Work Transmitted through the E-Group: Indirect or Direct Infringement?

(Author: Chen Binyin; Source: DeBund Law Offices) Last year Beijing Intellectual Property Tribunal dealt with an infringement case involving a QQ group and made the same decision as the first-trial court that the group’s administrator should be responsible for the infringement, but with different reasons. Detailed analysis of differences in the reasons for decision given by the two courts will help you […]

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