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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IP Compliance Audits

(Author:Sophia Hou; Source: Rouse) Reducing risk in China Doing business in China can be risky for IP owners – and risks to key IPR assets come not just from third party infringers, but also from the IP owner’s own suppliers or manufacturers. Companies engaging external suppliers or manufacturers should seek to reduce the risks inherent in the relationship by conducting […]

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China’s Energetic Enforcement of Anti-Monopoly Law Cases and Lessons

(Source: Lung Tin) An array of industries has been coming under the spotlight as China intensifies efforts to bring companies into compliance with a six-year-old anti-monopoly law, which refers to the law itself that implemented as of August 1, 2008, as well as post-law ancillary legislative and legal documents. Recently, US mobile chipmaker Qualcomm Inc. was hit with a record fine […]

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New Chinese Rules on Abusing IPRs—- What does it mean for the exercise of IPRs after Qualcomm case?

(Author: Dr. Zhaofeng Zhou, Partner; Source: Bird & Bird) The State Administration for Industry and Commerce (“SAIC”), one of the three Chinese Antimonopoly Enforcement Authorities which is responsible for non-price related anti-competitive activities, published Rules on Abuses of Intellectual Property Rights Eliminating or Restricting Competition (“Abusing IPR Rules”) on April 13[1]. The Abusing IPR Rules were approved by Mr. Mao Zhang, […]

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Action Plan to Protect the IPRs of Foreign-invested Enterprises

(Source: ZY Partners) On September 8, 2017, twelve authorities, including the Office of the National Leading Group for Crackdown on the Infringement of IP Rights and the Production and Sale of Counterfeit and Shoddy Goods, the State Intellectual Property Office (“SIPO”), the Ministry of Public Security (“MPS”), the Ministry of Agriculture, the Ministry of Commerce (“MOFCOM”), General Administration of Customs (“GAC”), […]

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Anti-Trust Litigation in China: A Review for the Year 2016

(Author: Ren Qing; Source: Global Law Office) Abstract: The year of 2016 has witnessed the conclusion of 14 cases of abuse of dominant market position and 5 cases of monopoly agreement in all levels of courts in China. This article comprehensively reviews the key points embodied in the judgments of those cases, and provides comments on certain important issues such as the legality […]

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What In-House Counsels Should Know About China’s Anti-Monopoly Law in the Intellectual Property Sector

Authored by Mr. He Jing (hejing@anjielaw.com) at Anjie Law Firm Introduction  The IP-related antitrust enforcement in China has been a focal point among the industries and the international antitrust legal community for the last couple of years.The Qualcomm investigation by the National Development and Reform Commission (“NDRC”) is symbolic of what a large licensing company may encounter in China. This brief will […]

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How do companies properly deal with counterfeit products?

This article was written by He Fang (partner) (Source: King & Wood Mallesons) Counterfeit consumer goods diminish genuine brands’ market share while virtually misappropriating intangible assets they don’t rightfully own, for which cracking down on fake products is a long-term problem that spreads false information and is hard to tackle for a number of managerial staff and brand protection professionals. […]

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