Ms Xia Huan

Xia Huan


Intellectual Property

Not all designs copyrightable as works of art
China | 25 September 2017

A recent case before the Guangzhou IP Court concerned the principle that a design must display a fundamental level of intellectual creativity in order to be copyrightable as a work of art. Mao Jihong claimed that he owned a copyrighted design comprising a reversed version of the word 'exception'. However, the court held that it was essentially the expression of an idea as much as a design, and therefore demonstrated little originality in expression and no aesthetic value as fine art.

Court rules misleading online promotion of genuine goods constitutes unfair competition
China | 15 August 2016

An online vendor selling genuine Avène products while claiming that its platform was the official Avène website was recently found to have committed an act of unfair competition. The court held that although the website had offered genuine products, its prominent use of the plaintiff's registered trademarks and its self-identification as Avène's official website would likely lead the public to believe that its website was operated or licensed by the plaintiff, thus giving it unfair competition advantages.