China wants to become an innovation-based nation. IP Rights, especially Patents and Utility Models, are of great importance for this goal. However, in order for patent law to fulfill its function, it is important that uniform criteria regarding Protectability and infringement are applied. At present, first-instance judgments in patent disputes and the like can be […]
In 1993, China enacted its Unfair Competition Law (UWG). Since then, laws on trademark law, advertising law and Antitrust Law have emerged in China. This has resulted in various overlaps with the Unfair Competition Act 1993, which have been eliminated by the Unfair Competition Act 2018. In addition, some new provisions have been included to
The new Chinese law against unfair competition (UWG 2018) Read More »
Anyone operating in an internationally open Industries today and not keeping an eye on the latest developments in China in their activities risks missing out on effective protection. Long before you consider considering suppliers from China or even becoming active on the Chinese market, you need to take precautions and plan your protection. Although there
The meaning of the terms used in the claims is often decisive in determining whether the patent is distinct from the prior art and whether a competitor’s product is covered by the claim. The terms used are not always clear. What meaning should be given to a term if it is specifically defined in the
Interpretation of claims (Beijing IP High Court, du Pont de Nemours) Read More »
In principle, the Patent Application is free to choose the terminology it uses in the patent claim. It is important that the terms used are either clear to the person skilled in the art or that they are explained in the description. However, if neither the description nor the general understanding of the skilled person
Assessing the Risk of Confusion between a Word Mark and a figurative mark is generally difficult. Is the image generally associated with a term and is this term confusable with the Word Mark? In the SMURF dispute, the Beijing High Court answered this question in favor of protecting the figurative mark. The first comic figures
Risk of Confusion between Word and Figurative Marks (Beijing High Court – SMURF) Read More »
In terms of rights and obligations, Chinese trademark law is broadly similar to European trademark law. However, it has only existed in this form for about 15 years. The last improvement to the law was only 4 years ago. In order to make it easier for the courts to interpret certain legal terms, the Supreme
In the event of a trademark infringement, the trademark owner’s main interest lies in stopping the infringer’s unlawful acts of use. However, because the legal proceedings and restoring the integrity of the infringed Trademarks costs money, the infringer should also pay compensation. However, the Chinese trademark law sets limits on the amount of compensation. The
Damages for trademark infringement (3M v. Huawei) Read More »
Anyone who infringes a Patents can be sued for injunctive relief and damages. For this reason, anyone who receives a warning from the patent holder for patent infringement is seriously threatened. In many cases, the warned party will comply with the threat and forego a judicial review of the infringement allegation in order to remove
Damages for unjustified warning (Shuanghuan v. Honda) Read More »
The principle that the application documents may be amended during the Examination Proceedings also applies in China. However, according to Art. 33 of the Chinese Patent Law, amendments may not go beyond the scope of the original description and claims. In a recent decision, the Supreme People’s Court opposed the strict practice of the Boards