On 12 August 2016, the Cyberspace Administration of China (“CAC”), the General Administration of Quality Supervision, the Inspection and Quarantine of China (“GAQSIQ”), and the Standardisation Administration of China (“SAC”) jointly released Several Guidelines to Strengthen National Cybersecurity Standardisation (the “Guidelines”). Under the Guidelines, mandatory national standards will be introduced to regulate critical fields such as major information technology infrastructure and classified networks in an effort to harmonise the current divergent local practice. Continue Reading China Releases Guidelines to Strengthen Cybersecurity Standardisation
On 29 September 2007, a PRC entity, Xintong Tiandi Technology (Beijing) Company Limited (“Xintong”), filed a trademark application for the word “IPHONE” in class 18 (“Opposed Mark”) with the PRC Trade Marks Office (“TMO”). The goods covered by the application are a range of leather goods, wallets and cases under sub-classes 1801 and 1802. On 26 April 2010, Apple Inc. (“Apple”) filed an opposition against the Opposed Mark. It should be noted, however, that Apple does not have any China trademark applications or registrations for the word “IPHONE” in class 18 that pre-date the filing date of the Opposed Mark. Continue Reading Apple Loses China Trademark Case Over the Use of the Word “IPHONE” on Leather Goods
In a recent decision, the Supreme People’s Court of China ruled that the use of a trademarked sign on goods manufactured in China solely for export purposes does not constitute “use” of a trademark. Consequently, such use could not be considered an infringement of a trademark registered in China. Continue Reading Supreme People’s Court: Goods Manufactured in China for Export Do Not Infringe Chinese Trademarks
In 2013, Moncler S.P.A. (“Moncler”) became aware of the manufacture and sale of down jackets by Beijing Nuoyakate Garment Co., Ltd. (“Nuoyakate”). Nuoyakate used marks and logos confusingly similar to Moncler’s marks on its products and also applied for the registration of several trademarks and domain names confusingly similar to Moncler’s marks in China and other Continue Reading Moncler Awarded Highest Amount of Damages Ever for China Trade Mark Infringement
While the Chinese market has immense potential for US companies, skepticism over China’s ability to protect and enforce intellectual property rights can be a significant deterrent. Now, however, it appears that China is addressing this skepticism. In April, a Chinese government agency published amendments to China’s patent law. While there is still concern that the amendments may not go far enough, they represent a significant improvement over the existing regime.
Colleen Tracy James and Xiaoyan Zhang, a partner and counsel, respectively, in the Intellectual Property practice group of Mayer Brown, analyzed the amendments in a recent article published in Inside Counsel. To read their article, Amendments to China’s patent law: Possible expansion of patent rights in China for U.S. companies, click here.
A sculpture in Karamy, Xinjiang, China has recently caught a lot of media attention because of its striking resemblance with a famous bean-shaped sculpture in Chicago, known as “Cloud Gate“ (or colloquially as “the Bean”). The Cloud Gate has been a major feature of Chicago‘s landscape since its installation in 2006. While the Cloud Gate is shaped like a bean, Continue Reading China’s “Cloud Gate” and Copyright Protection
In April 2015, the Guangdong Intermediate People’s Court delivered a judgment against New Balance, an American footwear manufacturer, for trademark infringement. New Balance was found to have used, knowingly and without prior authorization from the trademark owner, the mark “新百伦” (pronounced Xin Ba Lun, a Chinese transliteration from the English word “New Balance”) in connection with offers for the sale of New Balance shoes on Chinese online platforms. Continue Reading The Uphill Battle for Foreign Brand Owners to Protect Trademarks in China Continues