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Bad faith trade mark registrations are a persistent problem encountered by foreign companies in China. It is reported that large-scale bad faith trade mark registrations have created an industry for numerous Chinese individuals and companies.
Attempting to establish a trademark infringement test, on December 18 2019, the China National Intellectual Property Administration (CNIPA) released draft Criteria for Determining Trademark Infringement (Consultation Draft), inviting public comments.
On April 21 2020, Beijing High Court issued the guiding opinions on the determination of damages in cases of infringement of intellectual property rights and unfair competition as well as the judging standards for statutory compensation ("关于侵害知识产权及不正当竞争案件确定损害赔偿的指导意见及法定赔偿的裁判标准") (opinions).
The e-commerce market in China is one of the fastest growing in the world. To improve regulation over the flourishing market and maintain the market order, China promulgated the E-Commerce Law which became effective on January 1 2019. Notably, the E-Commerce Law addresses intellectual property protection in e-commerce settings. To reflect further developments regarding e-commerce in China, and to implement intellectual property protection more efficiently, on June 10 2020, the Supreme People’s Court of China (SPC) released Draft Guiding Opinion on the Adjudication of Intellectual Property Disputes Involving E-commerce Platforms 《关于审理涉电子商务平台知识产权纠纷案件的指导意见》 (Guiding Opinion) for public consultation.
