Latest updates

Winning first instance on procedural technicality not enough: final victory on merits remains necessary
Wanhuida Peksung
  • Intellectual Property
  • China
  • June 25 2018

The Beijing High Court recently ascertained that a cited mark had acquired well-known trademark status before the opposed mark's application date. Thus, the court corrected the first-instance court's findings, while upholding its decision to rescind the Trademark Review and Adjudication Board's decision for its failure to address all of the cited mark owner's claims.

Keemun GI certification trademark invalidated
Wanhuida Peksung
  • Intellectual Property
  • China
  • June 18 2018

The Beijing High Court recently overturned a first-instance judgment relating to a certification trademark filed by the Keemun Black Tea Association. In its decision, the court emphasised that geographical indication trademark applicants bear a higher obligation and must act in good faith when submitting filing documents, including by not producing forged application files and giving a full and accurate account of the circumstances.

MIIT issues guidelines on commercialisation of mobile communications resale services
  • Telecoms
  • China
  • June 13 2018

The Ministry of Industry and Information Technology (MIIT) recently issued its Notice on the Formal Commercialisation of Mobile Communications Resale Services, under which private enterprises, state-owned enterprises and foreign-invested enterprises may apply to undertake mobile communications resale services. Applicants must apply to the MIIT or their regional communications administration for the corresponding telecoms business licence and submit contracts signed by the major telecoms companies.

How to be more strategic in your fight against bad-faith filing
Wanhuida Peksung
  • Intellectual Property
  • China
  • June 11 2018

Data released by the Beijing Intellectual Property Court shows that bad-faith filings and registrations account for 30% of all trademark-related administrative suits, making them a major concern for brand owners. Recent case law of the China Trademark Office, the Trademark Review and Adjudication Board and the judiciary reveals how brand owners could be more strategic in fighting bad-faith filing under the existing trademark legislative framework.

New measures enhance development of distributed wind power projects
Broad & Bright
  • Energy & Natural Resources
  • China
  • June 11 2018

The National Energy Administration recently issued the Interim Administrative Measures for the Development and Construction of Distributed Wind Power Projects, which aim to simplify the existing approval and development process for wind power projects. The development of distributed wind power will help to realise the sustainable development of China's wind power industry, accelerate energy transformation and revitalise the development of the national economy.

CBRC issues new circular to regulate private lending
Jingtian & Gongcheng
  • Banking
  • China
  • June 08 2018

The China Banking Regulatory Commission's Circular on Matters concerning Regulating Private Lending and Maintaining Economic and Financial Order recently came into effect. The circular was formulated in accordance with various laws and measures and establishes the basis for clarifying credit rules and prohibiting illegal private lending. According to government officials, the circular will be implemented in three stages.

PBC further enhances its management of security measures for credit information
AnJie Law Firm
  • IT & Internet
  • China
  • June 05 2018

The People's Bank of China (PBC) recently released its Circular on Further Intensifying the Management of Credit Information Security. According to the circular, the PBC will intensify its management of credit information security by, among other things, practically raising awareness around the management of such information and strengthening information subjects' responsibilities in this regard. It will also optimise operational and control procedures for credit-related businesses.

MIIT continues campaign to clear and regulate internet access service market
AnJie Law Firm
  • IT & Internet
  • China
  • May 29 2018

The Ministry of Industry and Information Technology (MIIT) recently released its Notice to Further Clear and Regulate the Internet Access Service Market. According to the notice, the campaign to clear and regulate the internet access service market has been extended to March 31 2019 in order to solidify the accomplishments achieved and investigate the issues found thus far pursuant to the notice of the same name issued by the MIIT in January 2017.

Shifting alliances under Chinese merger control regime
AnJie Law Firm
  • Competition & Antitrust
  • China
  • May 17 2018

The Ministry of Commerce recently promulgated the Measures for the Review of Concentrations of Business Operators (revised draft) for consultation. However, the revised draft still lacks provisions on the shifting alliances concept. The relevant Anti-monopoly Law enforcement agencies should consider this concept in future, as acknowledging it at the legislative level will finally place China's antitrust system among those of the world's most advanced anti-monopoly jurisdictions.

New measures introduced to regulate scientific data sharing and management
AnJie Law Firm
  • IT & Internet
  • China
  • May 15 2018

The General Office of the State Council recently issued the Measures for the Management of Scientific Data, which aim to improve and standardise the management of scientific data, safeguard scientific data security and encourage transparency and the sharing of scientific data. This is the first time that China has released measures which regulate scientific data at the national level. However, compared with some European countries and the United States, China still has far to go in this regard.

Anti-monopoly Law enforcement against collective boycotts
AnJie Law Firm
  • Competition & Antitrust
  • China
  • May 10 2018

The Anti-monopoly Law enforcement agencies are increasingly investigating and finding fault with collective boycotts among competitors. As the presumption of illegality for collective boycotts requires a high level of compliance, businesses should be aware that although an independent decision not to deal with distributors or suppliers may not raise Anti-monopoly Law concerns, an agreement with competitors not to do so could raise such concerns.

Damages awarded in patent infringement case beyond statutory limit
Wanhuida Peksung
  • Intellectual Property
  • China
  • April 30 2018

The Shenzhen Intermediate Court recently demonstrated that, when seeking financial compensation, all efforts made by a plaintiff to prove the scope of patent infringement – even if its findings are not based on official accounting records – may be appreciated and rewarded by the courts. Factors such as a defendant's behaviour or an oral admission may assist the courts when determining damages.

Compliance challenges facing internet undertakings
AnJie Law Firm
  • IT & Internet
  • China
  • April 24 2018

Following a media report that certain mobile phone application software was infringing user privacy, the Ministry of Industry and Information Technology organised talks with three internet companies. The ministry pointed out that the companies had collected and used users' personal information without fully disclosing the purpose of its use. The companies must now conduct rectifications to fully protect users' rights to be informed.

Proving copyright ownership in trademark disputes
Wanhuida Peksung
  • Intellectual Property
  • China
  • April 23 2018

It is acknowledged doctrine that if an accused trademark exhibits substantial similarity to copyrighted works, copyright infringement can be established once the accused has demonstrated access to the copyrighted works, unless the accused can prove that the accused work is the result of its independent creation. Such doctrine applied in a recent Beijing IP Court case, in which the court found that the opposed mark infringed a prior copyright.

How will merger of antitrust enforcement agencies affect Anti-monopoly Law enforcement?
AnJie Law Firm
  • Competition & Antitrust
  • China
  • April 19 2018

The State Council recently submitted a proposal to the National People's Congress concerning the council's institutional reform programme. The proposal has shed light on the plans to consolidate the antitrust enforcement powers of the three antitrust agencies under the State Administration for Market Supervision. Although the merger is significant in terms of institutional reorganisation, it will not fundamentally change Anti-monopoly Law enforcement activities in China.

How can foreign-invested insurers apply new CIRC regulation by reference?
AnJie Law Firm
  • Insurance
  • China
  • April 17 2018

The China Insurance Regulatory Committee recently promulgated the new Measures for the Administration of Equity in Insurance Companies, which state that if the shareholding proportion of an insurer's foreign shareholders accounts for more than 25% of its registered capital, the relevant provisions of the measures must be applied by reference. This express inclusion of foreign-invested insurers represents a substantial shift away from current practice.

Is your trademark a word mark, a device mark or both?
Wanhuida Peksung
  • Intellectual Property
  • China
  • April 16 2018

The question of how stylised word marks should be examined often arises. In a recent case, an applicant obtained a registration for a word mark comprising three stylised Chinese characters, even though the visual arrangement of the characters rendered it a device mark and not a word mark. One solution to this issue that has been proposed would be to treat such marks as composite trademarks, comprising both a word and a device mark, and thus subject them to substantial examination as both.

NDRC antitrust enforcement in 2017
AnJie Law Firm
  • Competition & Antitrust
  • China
  • April 12 2018

In 2017 the National Development and Reform Commission actively carried out legislative work and formulated and promulgated industrial guidelines and enforcement procedures. In addition, it remained active in its antitrust enforcement by not only penalising a variety of enterprises for anti-competitive conduct, but also targeting administrative agencies that had abused their administrative power in order to restrict or eliminate competition.

New measures further reform pollutants discharge permit system
  • Environment & Climate Change
  • China
  • April 09 2018

The Ministry of Environmental Protection recently issued new administrative measures concerning pollutants discharge permits. In addition to providing the issuance procedure for such permits, the measures stipulate penalties for various violations. The promulgation of the measures will likely be viewed as a signal of more stringent legislative control over enterprises' environmentally sensitive activities.

CBRC publishes new rules on equity management of commercial banks
Jingtian & Gongcheng
  • Banking
  • China
  • April 06 2018

The China Banking Regulatory Commission (CBRC) recently issued its Interim Measures for the Equity Management of Commercial Banks. The measures have tightened the CBRC's regulation of the information disclosure and reporting requirements imposed on material shareholders that have a significant impact on the operation and management of commercial banks established in China.