China, Wanhuida Intellectual Property updates

Intellectual Property

Contributed by Wanhuida Intellectual Property
Legislative overview 2020: patent law, trade secrets and judicial interpretations
  • China
  • 18 January 2021

During a volatile 2020, China's legislature completed the overhaul of an amendment to patent and copyright law and promulgated varied judicial interpretations and policy documents projected to bring substantial changes to the nation's IP landscape from 2021. These well-coordinated legislative efforts ensure that parties will have detailed rules and criteria to follow and will improve the consistency, predictability and transparency of IP protection in China.

Stopping patent infringement in four months through administrative action
  • China
  • 30 November 2020

LPG Systems recently received an administrative decision from the Beijing Intellectual Property Office ordering an infringer to stop its design patent infringement. Previously, LPG had prevailed in an invalidation proceeding initiated by the infringer against its design patent in which the China National Intellectual Property Administration maintained the validity of this design.

Bolar exemption does not apply to offering to sell patented drugs
  • China
  • 23 November 2020

The China National Intellectual Property Administration recently released details of 10 exemplary patent administrative enforcement cases from 2019. One selected case concerned a patent infringement dispute relating to the anti-tumour drug sorafenib, which has been selected for its significance in respect of the application of the Bolar exemption.

Does use of trademark in title of product sold online constitute trademark infringement?
  • China
  • 16 November 2020

Whether the use of a trademark in the title of a product sold online constitutes trademark infringement typically depends on whether such use is fair. When products are sold online, determining what constitutes fair use can be tricky. Two cases involving famous mobile phone manufacturers Xiaomi and Oppo illustrate this problem.

Beijing High Court guidelines on determining compensation for IP rights infringement
  • China
  • 09 November 2020

In April 2020 the Beijing High Court published the Guidelines on the Determination of Damages and Statutory Damages in Disputes over Intellectual Property and Unfair Competition. These guidelines, which entered into effect on the date of issuance, are detailed, precise and even innovative. Even if they have binding force on only the Beijing courts, they should be influential throughout the rest of the country.

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