Intellectual Property

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.

Issued: July 16 2014 Main contents: Where a legal action is instituted in respect of the infringement of a utility model patent or design…

The revised Implementing Rules allow division of a trademark registration application when registration is denied on certain of the designated goods.

Though the revised Trademark Law has made substantial improvements, protection and enforcement tactics against trademark squatters still remain crucial in the IP environment of China

Awareness of local courts and judges' practices as well as understanding of the laws, judicial trends and case outcomes are critical for MNCs' IP protection in China

The Supreme People's Court has released its report on the leading IP cases of 2013. The judges have clarified some issues but left important questions about the new procedural rules unanswered

The new Implementing Regulations fail to pick up on the many issues raised by the revised Trademark Law, such as clarifying OEM limits, enforcing against those who facilitate infringement, calculating illegal operations and questioning the legitimacy of “good faith” sellers, says Jack Chang