In January 2020, China’s Supreme People’s Court (最高人民法院) ruled in favor of Christian Louboutin for his red sole trademark. The Supreme People’s Court decision upholds an earlier decision from Beijing Higher People’s Court that ruled even though single color marks are not listed as eligible in Article 8 of the Chinese Trademark, Article 8 does not exclude marks not enumerated in Article 8. Specifically, Article 8 lists combinations of colors as eligible for application but does not list a single …
Category: Trademarks
CNIPA Announces Registration of Beijing 2022 Winter Olympics Mascots and Logos
The China National Intellectual Property Administration (CNIPA) announced seven Beijing 2022 Winter Olympics and Paralympics symbols including mascots and names on January 15, 2020. Per the Regulations on the Protection of the Olympic Symbols, the term of protection is 10 years subject to renewal terms of 10 years each. Fines for unlicensed commercial of the symbols are up to 250,000 RMB (about $36,000 USD) or up to 5 times illegal revenue.
China Makes Significant Commitments to Improve Intellectual Property Protection in Phase 1 Trade Deal
In the Economic and Trade Agreement Between the United States of America and the People’s Republic of China, Phase 1, dated January 15, 2020 China has made several major commitments to improve Intellectual Property protection. Chapter 1, which comprises 16 pages of the 94-page document, specifies improvements in trade secret protection; strengthening pharmaceutical-related Intellectual Property; granting patent term adjustments and extensions; preventing piracy and counterfeiting on e-commerce platforms; increasing transparency in geographical indications protection; preventing manufacture and export of counterfeit …
China’s Amended TM Law Has Potential To Reduce Squatting
On November 1, 2019 China’s amended trademark law came into force. The Standing Committee of the National People’s Congress has amended six articles of the trademark law focusing on reducing trademark squatting and increasing damages for infringement.