China, Wanhuida Intellectual Property updates

Intellectual Property

Contributed by Wanhuida Intellectual Property
Supreme People's Court issues judicial interpretations on IP rights disputes which involve ISPs
  • China
  • 19 April 2021

The Supreme People's Court recently promulgated two judicial interpretations regarding IP rights disputes that involve internet service providers (ISPs): the Reply to Several Issues Concerning the Application of Law in Online IP Rights Infringement Disputes, which applies to all ISPs, and the Guiding Opinions on the Trial of Civil IP Rights Cases Involving E-Commerce Platforms, which target e-commerce platforms. This article summarises the key points of these two judicial interpretations.

Supreme People's Court promulgates opinions on copyright
  • China
  • 12 April 2021

Soon after the recent adoption of the third amendment to the Copyright Law, the Supreme People's Court promulgated the Opinions on Strengthening the Protection of Copyright and Copyright-Related Rights. The opinions aim to encourage the development of emerging industries and improve the quality and efficiency of copyright trials.

Court grants protection of unregistered Romanée-Conti GI
  • China
  • 05 April 2021

In a notable trademark case, the Beijing High Court found on appeal that the trademark 罗曼尼·康帝, a Chinese transliteration of 'Romanée-Conti', should be protected. The trademark contained characters that were found to have a stable corresponding relationship with the geographical indication (GI) Romanée-Conti, so the court found that its registration violated the Trademark Law. The decision suggests that unregistered foreign GIs may be granted protection in China.

Courts uphold decision to invalidate place name trademark
  • China
  • 29 March 2021

In an exemplary trademark case, Inner Mongolia Yunlu Water Industry Company Limited filed an invalidation claim against a trademark on the grounds that it breached the Trademark Law. The trademark in question was the name of a place in Inner Mongolia, China, which was known for its rich mineral resources. Therefore, the trademark's registrability depended on whether the name had acquired any additional meanings other than that of the place name.

New judicial interpretation aims to combat IP rights crimes
  • China
  • 15 March 2021

In September 2020 the Supreme People's Court and the Supreme People's Procuratorate jointly promulgated Interpretation III on Several Issues Concerning the Specific Application of the Law in Handling Intellectual Property Criminal Cases. The judicial interpretation aims to reduce IP rights crimes and create a business-friendly environment by establishing unified standards in the application of the law in this regard.


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