Intellectual Property

The Supreme People's Court's decision on the longstanding Qihoo v Tencent dispute has provided crucial guidance for businesses in China on market definition, dominance and abuse of conduct

The Supreme People's Court's decision on the longstanding Qihoo v Tencent dispute has provided crucial guidance for businesses in China on market definition, dominance and abuse of conduct

Two key themes stand out in the Supreme People's Court's new interpretation about online personal data privacy violations: disclosing third parties' contact information and ISP liability

Two key themes stand out in the Supreme People's Court's new interpretation about online personal data privacy violations: disclosing third parties' contact information and ISP liability

China sets up intellectual property courts.

The battle for well-known status ensues as foreign marks still find it difficult to secure recognition. The new Provisions merely reflect the current practice, and brand owners must bear in mind that well-known status is only one part of a wider trademark strategy

The Chinese judiciary's road to reform is beset with challenges such as lack of clarity in procedural rules, inconsistency among courts and blurred roles of judges, local governments and even the Supreme People's Court

The new interpretation clarifies details which are lacking in the Patent Law and builds on practical issues addressed by the Implementing Rules, such as the use of reports and the judgment of equivalent infringement, damage claims, royalties and expenses, says Xi Sun

If the trademark is not registered, materials evidencing that it has been continuously used for not less than five years shall be submitted.