The case was listed as a “cluster battle” case under the supervision of the Central PSB of China and widely acknowledged as a success.
In March 2014, Unwired Planet brought an action against Huawei, Samsung and Google for the infringement of its UK patents, including 5 standard essential patents (“SEP”) covered by 2G, 3G and 4G telecommunication standards.
As COVID-19 spreads over the world, at this difficult time, we are concerned about people affected by covid-19 worldwide.
According to the No. 349 Announcement of the National Intellectual Property Administration of P. R. China, for all patents issued on or after 3 March 2020, only electronic patent certificates will be issued. Patent certificate on paper could be requested separately if needed.
To enhance the efficiency of examinations of trademark applications in China, so that trademark applications can mature to registration more quickly, the China trademark authorities have been speeding up examination procedures. By doing so, many pending cases have been concluded and the examination period has been drastically shortened. In the past, it was normal for a trademark application to be pending 3 years after its application date; today, an application can be approved for preliminary registration in around 6 months.
In 2012, the Civil Procedure Law of People’s Republic of China introduced the idea of a “blacklist” of dishonest debtors (officially named the List of Dishonest Enforcees). In the following years, multiple interpretations of these procedures by the Supreme People’s Court provided guidance on how enforcement measures could be used against debtors. These measures include a prohibition of extravagant consumption, judicial custody, and criminal punishment.
OEM is short for Original Equipment Manufacturer, and refers to a business mode in which a brand holder does not directly manufacture its products but entrusts another party with the manufacture and then directly applies the trademark of its own brand on the products. A manufacturer who undertakes such work is called an OEM, and its products OEM products.
As stipulated in Article 26.4 of the Chinese Patent Law, the claims shall be supported by the description and shall define the extent of the patent protection sought for in a clear and concise manner.
Infringers in China are getting bolder. Recently, we have been made aware of third party registrations of package designs used to hold brand owners and their products ransom.
Under the trend of the globalization, China is planning to take one step forward to improve the design patent legal environment. Specifically, China plans to amend the patent law in order to harmonize with the laws in other major member countries in universal design patent treaty.
Two and half years passed since the New China Trademark Law and Regulation on the Implementation of the China Trademark Law were implemented as of May 1, 2014, China Trademark Office (the CTMO) and Trademark Review and Adjudication Board (the TRAB) finally issue the new version of Trademark Review and Examination Criteria.
In recent the Guangzhou Intermediate Court has made a first instance judgment in the trademark infringement case of Zhou Lelun (an individual) v. Xin Bai Lun Trading (China) Co., Ltd, the Chinese subsidiary of sportswear manufacturer New Balance Athletic Shoes, Inc. (hereinafter referred to as “Xin Bai Lun Company”).
