Intellectual Property

The criminal law enforcement role of the procuratorate is well-known, but its function in supervising China’s framework of intellectual property regulation can sometimes be forgotten. As China establishes a new network of IP Procuratorate Offices, Danlei Wu of Fangda Partners analyzes the impact on the country’s IP landscape

CNIPA defines irregular patent filings

Dragon Wang and Yannan Li of Sitao IP discuss the several aspects of the SPC’s recent judicial interpretation on punitive damages, namely clarity provided to what is meant by “willful” and “malicious”, serious circumstances, how calculation base of punitive damages is determined and key takeaways from the interpretation

Serious willful IP infringements may be liable to punitive damages

The Interpretation is revised to align with the Civil Code and the Patent Law

Cindy Shuqi Zhen of Wan Hui Da Intellectual Property discusses the impact of the Third Amendment to the PRC Copyright Law, which represents the latest effort to enhance the protection of intellectual property in China

After almost a decade, Michael Jordan has finally secured a major victory in his protracted legal battle against a Chinese sportswear company over the use of his name.

Revised Patent Law enhances protection of designs

Fang Qi and Danlei Wu of Fangda Partners highlight the main provisions in the recently introduced Fourth Amendment to the PRC Patent Law, which aims to establish a patent linkage system for patents in the pharmaceuticals industry, bring about significant changes to the design patent regime, strengthen patent protection against infringement and tackle the issue of abuse of patent rights

NPCSC passes new biosecurity law targeting human genetic resources management and collection; national omnibus export control law adopted amid trade war tensions; and amended patent law further strengthens IP protection in China