Special Focus
China IP Focus 2020

Special Focus Archive

Editorial

Features / Articles

How can right holders enforce their IP in China?

Vivian Zhang, Wenwen Wang and Chong He of ACIP examine the different routes available to right holders who want to enforce their IP in China, analysing the administrative protection and civil and criminal litigation processes
How do trademark disclaimers affect similarity examination?

Jie He, Mengmeng Yu and Xia Zheng of AFD evaluate the role of trademark disclaimers in similarity examinations, analysing a number of cases dealing with the issue
What are the different defences in a patent infringement claim?

Deqiang Zhu of CCPIT examines the different defences available in a patent infringement claim, including the invalidity defence, the non-infringement defence and the prior art defence
Examining patent strategies under the amended guidelines

Simon Tsi, Chenyan Wu and Tracy Lin of Chang Tsi look at different strategies that can be employed during patent prosecution, including those relating to divisional applications, deferred examination and applications concerning business methods and algorithms
Analysing non-infringement declaration litigation in China

Bruce Tang of China Patent Agent examines non-infringement declaration litigation, looking at a range of issues including the different steps involved in such disputes, burden of proof, the scope of the claim and jurisdiction
How do US and Chinese disclosure practices compare?

He Zhao and Jing Zhang of CN-KnowHow compare disclosure practices in the US and China, examining different drafting strategies available to applicants
Examining the evaluation report system for patents

Yanling Zhou of Deqi provides an insight into the evaluation report system for patents, used in proceedings relating to utility models and designs
How does Chinese trademark law deal with bad faith?

Fabio Giacopello and Ariel Huang of HFG examine the different articles relating to bad faith in the Trademark Law, including malicious filings, the circumstances in which a related entity can apply for a trademark, infringement of others’ rights and fraud
How are well-known trademarks protected in China?

Rebecca Liu and Yunze Lian of Jadong IP Law Firm examine the different aspects involved in the protection of well-known trademarks including the time limit for handling such cases and penalties for infringement
Does original equipment manufacturing constitute use of a trademark?

Echo Xu of Kangxin examines a number of cases which consider whether original equipment manufacturers are “using” a trademark when they affix it to a product which will be exported from China
What are some of the evidence rules in IP litigation?

Ran Wang and Guanyang Yao of Liu Shen & Associates analyse the different evidence rules relating to IP litigation, including evidence deadlines, evidence required for damages and evidence for reasonable costs
Seeking protection for Chinese language marks

Paula Pei of Panawell discusses the need to register a Chinese language mark, the different ways to choose a Chinese language mark and the challenges businesses may face when registering such marks
What does the Anti-Unfair Competition Law mean for IP?

Vivien Chan and Ann Xu of Vivien Chan & Co. analyse the Anti-Unfair Competition Law and its impact on IP cases in China
Which trademark cases were selected by the Chinese SPC in 2019?

Paul Ranjard and Zhu Zhigang of Wanhuida examine the different cases selected by the Supreme Court in 2019, including those involving position trademarks, OEM processes, and prior use