AFD China Intellectual Property

[Court Case] Probative Force in Civil Cases of Evidence Generated during the Administrative Enforcement is Not Affected by the Administrative Decision

The Supreme People's Court recently concluded a case of infringement of new plant varieties through counterfeit seeds. This case involves, where an administrative penalty decision related to the production and operation of counterfeit seeds had been revoked through an effective administrative judgment, whether the evidence generated during the administrative enforcement is admissible in civil infringement disputes involving the same plant variety.

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[Court Case] Probative Force in Civil Cases of Evidence Generated during the Administrative Enforcement is Not Affected by the Administrative Decision-Cases-AFD China The Supreme People's Court recently concluded a case of infringement of new plant varieties through counterfeit seeds. This case involves, where an administrative penalty decision related to the production and operation of counterfeit seeds had been revoked through an effective administrative judgme...

Highlights of the Revision of the Administrative Reconsideration Law

The decision to revise the Administrative Reconsideration Law of the People's Republic of China was adopted by the Standing Committee of the National People's Congress on September 1, 2023. The new Administrative Reconsideration Law will come into force on January 1, 2024.

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Determination of the use of trademark under "Multiple Trademarks Owned by the Same Person" in a Case of Non-Use Cancellation for Three Consecutive Years

According to the relevant provisions of Chinese Trademark Law, the trademark registrant should actively and properly use their registered trademark. If a registered trademark has not been used for three consecutive years without justified reason, any one can request to cancel this registered trademark. This policy is established to encourage trademark registrants to actively and properly use their registered trademarks, ensuring that trademarks, as a limited resource, are allocated and utilized reasonably. Therefore, trademark registrants should actively and correctly use their registered trademarks for actual, effective and legal commercial use, otherwise they will face the risk that their registered trademarks may be cancelled.

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“New” Pre-Registration Mechanism of Beijing IP Court

The pre-registration mechanism ("pre-registration") has been established for years by the Beijing Intellectual Property Court to accept intellectual property cases of the foreign, or Hong Kong, Macao and Taiwan plaintiffs. The purpose is to solve the difficulty that these plaintiffs are objectively unable to complete the notarization and legalization procedures for their identity documents before the deadlines for filing the cases. The result is that the submission time of these plaintiff’s notarized and legalized identity documents is delayed until after the filing deadline and before the pre-registration time limit.

Read more: https://www.afdip.com/index.php?ac=article&at=read&did=4556

The Impact of the Amendments to the Civil Procedure Law on Foreign-Related Civil Disputes

The Chinese Civil Procedure Law was revised by the Standing Committee of the National People's Congress on September 1, 2023 and such new Civil Procedure Law came into effect on January 1, 2024.

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The Impact of the Amendments to the Civil Procedure Law on Foreign-Related Civil Disputes-Other IPs-AFD China The Chinese Civil Procedure Law was revised by the Standing Committee of the National People's Congress on September 1, 2023 and such new Civil Procedure Law will come into effect on January 1, 2024.In the new era of rapid economic development and market openness, the number of foreign-related civil...

What Evidence Does the Right Holder must Prepare in a Patent Infringement Lawsuit

In China, the principle of "whoever asserts must prove" places the main burden of proof on the plaintiff in civil litigation, particularly in patent infringement cases. Therefore, if a right holder intends to file a lawsuit, it becomes crucial to submit compelling evidence to support their claims. Without sufficient evidence, the court may not uphold their claims, leading to unfavorable consequences such as losing the case. Then, with regard to the evidence that a right holder must prepare when pursuing a patent infringement lawsuit, this article will outline in the three aspects, evidence of patent rights, evidence of infringement, and evidence of compensation and reasonable expenses.

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What Evidence Does the Right Holder must Prepare in a Patent Infringement Lawsuit-Patent-AFD China In China, the principle of "whoever asserts must prove" places the main burden of proof on the plaintiff in civil litigation, particularly in patent infringement cases. Therefore, if a right holder intends to file a lawsuit, it becomes crucial to submit compelling evidence to support their claims. W...

Determination of Punitive compensation in Patent Infringement Cases from Typical Cases

In recent years, with the increasing emphasis on intellectual property protection, the number of patent infringement disputes has been on the rise. One issue that has always been a concern for all parties involved is the determination of compensation amounts. In particular, the amended Patent Law in 2020 introduced a punitive compensation system which provides that, for willful patent infringement with severe circumstances, punitive compensation may be determined at more than one time but less than five times the amount of the actual losses suffered by the rights holder, the profits earned by the infringer, or multiple times of the patent license fee.

Read more: https://www.afdip.com/index.php?ac=article&at=read&did=4532

Determination of Punitive compensation in Patent Infringement Cases from Typical Cases

In recent years, with the increasing emphasis on intellectual property protection, the number of patent infringement disputes has been on the rise. One issue that has always been a concern for all parties involved is the determination of compensation amounts. In particular, the amended Patent Law in 2020 introduced a punitive compensation system which provides that, for willful patent infringement with severe circumstances, punitive compensation may be determined at more than one time but less than five times the amount of the actual losses suffered by the rights holder, the profits earned by the infringer, or multiple times of the patent license fee.

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Determination of Punitive compensation in Patent Infringement Cases from Typical Cases-Patent-AFD China In recent years, with the increasing emphasis on intellectual property protection, the number of patent infringement disputes has been on the rise. One issue that has always been a concern for all parties involved is the determination of compensation amounts. In particular, the amended Patent Law in...

AFD China Once Again Recommended as a Leading Firm in Non-Contentions Intellectual Property (Tier 3) by The Legal 500

On November 15, 2023, The Legal 500, a world-renowned guide to law firms, released its Asia Pacific 2024 edition, in which AFD China was once again ranked as a leading firm in Tier 3 for its outstanding performance in non-contentions intellectual property. Xia Zheng, the founder of AFD China, Mingzhao Yang, the president of AFD China, Hong Long, the domestic patent officer of AFD China, and Jingjing Wu, the management officer of Trademark and Legal Department of AFD China, were also specially recognized for their rich experiences and achievements in the relevant fields.

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AFD China Once Again Recommended as a Leading Firm in Non-Contentions Intellectual Property (Tier 3) by The Legal 500-AFD News-AFD China On November 15, 2023, The Legal 500, a world-renowned guide to law firms, released its Asia Pacific 2024 edition, in which AFD China was once again ranked as a leading firm in Tier 3 for its outstanding performance in non-contentions intellectual property. Xia Zheng, the founder of AFD China, Mingzh...

Guides to Stay Trademark Review Cases

Recently, the Trademark Office of the CNIPA issued the guides to stay trademark review cases, which outlines seven specific situations for mandatory stay and three situations for optional stay, aiming to facilitate flexible operation in trademark review procedures.

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Guides to Stay Trademark Review Cases-Trademark-AFD China Recently, the Trademark Office of the CNIPA issued the guides to stay trademark review cases, which outlines seven specific situations for mandatory stay and three situations for optional stay, aiming to facilitate flexible operation in trademark review procedures.I. Situations for mandatory stay1.1...

High-compensation Patent Litigation Highlights Courts’ Growing Willingness to Award Significant Damages

How to determine compensation amount and thus effectively protect the rights holder's interests has always been a focal point of concern for all parties involved. In this regard, we will analyze, based on some typical cases of high compensation in Chinese patent infringement litigation, which kind of claims and evidence put forward by rights holders received support from the courts.

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High-compensation Patent Litigation Highlights Courts’ Growing Willingness to Award Significant Damages-Patent-AFD China I.    IntroductionOn January 1, 2019, the Intellectual Property Tribunal of the Supreme People's Court of China was officially established to handle nationwide appeals of patent and other technology-related intellectual property and antitrust cases. With the further unification of court judgment ...

Determination of Reasonable Expenses in Patent Infringement Litigation in China

When facing patent infringement, the right holder typically consider filing an infringement lawsuit to stop the infringement and claim compensation. To do so, the right holder need to collect evidence related to the infringement and the damages caused by the infringement beforehand, based on which infringement lawsuit will be filed.. The entire process of enforcing their rights usually costs the right holder significant expenses. In this regard, the Patent Law and relevant regulations specify that the reasonable expenses incurred by the right holder to stop the infringement should be borne by the infringer.

Read more: https://www.afdip.com/index.php?ac=article&at=read&did=4504

Determination of Reasonable Expenses in Patent Infringement Litigation in China

When facing patent infringement, the right holder typically consider filing an infringement lawsuit to stop the infringement and claim compensation. To do so, the right holder need to collect evidence related to the infringement and the damages caused by the infringement beforehand, based on which infringement lawsuit will be filed.. The entire process of enforcing their rights usually costs the right holder significant expenses. In this regard, the Patent Law and relevant regulations specify that the reasonable expenses incurred by the right holder to stop the infringement should be borne by the infringer.

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Determination of Reasonable Expenses in Patent Infringement Litigation in China-Patent-AFD China When facing patent infringement, the right holder typically consider filing an infringement lawsuit to stop the infringement and claim compensation. To do so, the right holder need to collect evidence related to the infringement and the damages caused by the infringement beforehand, based on which i...

Patent Marking on Products

Patent holders have the right to indicate patent information on their patented products or the packaging of the patented products. The patent marking also highlights to the public the relationship between the marked product and the patent, the rights of patent holders, and the patent protection system. With the continuous improvement of China's intellectual property environment, there is an increasing attention on how to regulate the patent marking to protect the rights and interests of patent holders. This article outlines the related provisions and information about patent marking.

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Patent Marking on Products-Patent-AFD China Patent holders have the right to indicate patent information on their patented products or the packaging of the patented products. The patent marking also highlights to the public the relationship between the marked product and the patent, the rights of patent holders, and the patent protection syst...

The Withdrawal and Re-Adjudication Procedure in Trademark Administrative Litigation Cases

The Supreme People's Court of China issued the "Opinions on Promoting the Reform of Separating Complicated Administrative Litigation Proceedings from Simple Ones" on May 14, 2021. This judicial interpretation specifically stipulates in Article 2 that administrative cases involving trademark right granting and verification with clear facts, ascertainable rights and obligations, and minor disputes can be processed as simple cases for trial. Guided by this interpretation, the Beijing Intellectual Property Court has established a withdrawal and re-review procedure, also known as the withdrawal and re-adjudication procedure, to resolve disputes before or during the trial where case circumstances have changed and such changes may cause the revocation of the decision at issue, thereby avoiding procedural idling, saving judicial resources, and reducing litigation costs for the parties involved. Such changes include that prior rights obstacles have been cancelled due to improper use or non-use, declared invalidated, refused, removed due to no renewal, withdrawn, or transferred to the plaintiff.

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The Withdrawal and Re-Adjudication Procedure in Trademark Administrative Litigation Cases-Trademark-AFD China The Supreme People's Court of China issued the "Opinions on Promoting the Reform of Separating Complicated Administrative Litigation Proceedings from Simple Ones" on May 14, 2021. This judicial interpretation specifically stipulates in Article 2 that administrative cases involving trademark right gr...

Seeking Protection for Products via Two Types of Patent Applications -- Unique Both-Filing Strategy in China

Both-filing, or dual filing, is a unique strategy in the Chinese patent system, through which an applicant can pursue patent protection for their technical schemes related to products via two types of applications, invention and utility model patent applications. This filing strategy is quite different from a normal filing manner and may be helpful to you when you have an important product and desire to seek both a quick protection and a long-term protection

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Seeking Protection for Products via Two Types of Patent Applications -- Unique Both-Filing Strategy in China-Patent-AFD China Both-filing, or dual filing, is a unique strategy in the Chinese patent system, through which an applicant can pursue patent protection for their technical schemes related to products via two types of applications, invention and utility model patent applications. This filing strategy is quite differ...

IP Protection under the Frame of Live Streaming E-commerce

In recent years, live streaming e-commerce has become a prevalent form of shopping in China. Live streaming e-commerce allows people to see the product style and interact with the host in real-time through the network, and thus it is favored by many merchants and consumers. However, with the rapid development and popularity of live streaming e-commerce, IP infringement cases related to live streaming e-commerce are also increasing year by year. The public has raised questions and concerns about the protection of intellectual property rights under this new model.

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IP Protection under the Frame of Live Streaming E-commerce-Other IPs-AFD China In recent years, live streaming e-commerce has become a prevalent form of shopping in China. Live streaming e-commerce allows people to see the product style and interact with the host in real-time through the network, and thus it is favored by many merchants and consumers. However, with the rapid d...

China forecasts IP revenue will reach 500 billion yuan by 2030 CNIPA announced various development goals for the Chinese IP industry to achieve visions laid out in national IP strategic plans.