Intellectual Property

IP reshapes e-commerce strategies
New developments in e-commerce regulation bring the issue of intellectual property infringement and the liability of e-commerce operators to light. A landmark case in China removed the defence of the “Safe Harbor Principle” for the first time, and should serve as an admonition to online platforms

Prior art defence in patent litigation: A legal quagmire?
The prior art defence strategy has become increasingly important and popular for alleged infringers in patent cases. However, its framework suffers from uncertainty and some technical defects

New e-commerce rules expected to address market access and IP protection
Online businesses operating in a legal limbo

Trademark Law draft amendments: A snapshot
China recently released proposed Trademark Law amendments. Although they represent helpful steps forward to strengthen trade mark protection, areas remain that require further consideration

Crossroads: Anti-monopoly and IP rights
A dynamic area of discussion in the Chinese legal community is the overlap between intellectual property (IP) rights and anti-monopoly rules. Though it remains a grey area of varying opinions without clear legal guidance, IP rights owners need to be aware of developments and protect their interests through careful structuring and strategy

Filing patent licensing contracts
New measures set out procedures for registration authority, documentation requirements and the timeframe for the recordation of patent licences in China. Foreign patentees should take note of several administrative points the rules outline

Dodging service invention disputes
Recent lawsuits involving remuneration claims by inventors who felt slighted by their employers have highlighted an issue companies should take note of

Searching for a seller
In patent infringement cases with multiple infringers, courts have been applying inconsistent standards in establishing jurisdiction. The Supreme People’s Court may need to step in to provide clear guidance to plaintiffs and defendants alike

IP report: Another year wiser
The Supreme People’s Court recently released its annual IP report, clarifying how the law should be interpreted in various disputes and setting a standard for local courts to follow

Take IP infringement cases to court
Yearly report on key IP cases released

Supreme People's Court, Annual Report on Intellectual Property Cases (2010) (Abstract) [Full Text Translation]
最高人民法院知识产权案件年度报告 (2010) (摘要)
The 2010 Report selected 43 issues with broad guiding significance from 36 cases including: determination of the equivalence of technical features in a patent infringement dispute and protection of a design under the Anti-unfair Competition Law after the patent expires.

Supreme People’s Court, Annual Report on Intellectual Property Cases (2010) (Abstract) [Legislation Digest]
最高人民法院知识产权案件年度报告 (2010) (摘要)
Design can still be protected under Anti-unfair Competition Law after the patent expires.

Stopping IP infringement
Two specialists detail what options are available to you when combatting infringers and the first steps you should take

Measures for Administrative Law Enforcement in Connection with Patents [Full Text Translation]
专利行政执法办法
The Measures set forth provisions on the handling of patent infringement disputes, mediation of patent disputes, as well as investigation and handling of the passing off of patents.

State Intellectual Property Office, Measures for Administrative Law Enforcement in Connection with Patents [Legislation Digest]
国家知识产权局专利行政执法办法
Parties to patent infringement cases relieved from burden of proof.

Criminal IP cases: New ground rules
A recent opinion clarifies issues of jurisdiction, evidence, and definition in criminal cases involving intellectual property. However, the new rules can only be effective if authorities maintain and enhance their enforcement efforts

Determine what can be copyrighted and establish protection regime
Being proactive in planning rights ownership helps enforcement