The Report selects 37 intellectual property cases on which the Supreme People's Court has rendered final conclusive opinions addressing issues such as the application of the doctrine of estoppel, retroactive effect of a decision declaring a patent invalid and determination of the legitimate use of a descriptive trademark.
The Opinions address trademark issues involved in trial cases concerning pirate registration, similar marks and goods, generic names and prior rights.
SPC issues conclusive opinions on typical IP cases.
China's highest court has issued a document clarifying which Hong Kong arbitral awards are enforceable on the mainland and bringing more certainty to…
More certainty for parties using the ICC.
Basic-level people's courts can take more IP cases.
China's highest court has published two new sets of guidelines which affect the jurisdiction of lower courts in relation to IP cases. For foreign companies, this means more litigation and a need for increased vigilance
SPC Interpretation explains details of the Patent Law.
The Interpretation gives further insight on the scope of protection of invention and utility model patents and the determination of infringement thereof, determination on an infringement of a design patent, defence on the ground of prior art or prior use, and confirmation of non-infringement.
China's highest court has published a judicial interpretation of the PRC Patent Law which gives significant guidance on many issues facing foreign rights owners