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Intellectual Property

China

In today’s knowledge economy, a large part of the value of your business is based on intangible assets and goodwill. Your intellectual property plays a key role in obtaining a competitive advantage. A cohesive IP strategy, including both commercialisation and enforcement, will ensure you get maximum value from your portfolio. With 150 specialist lawyers in 34 countries, we understand your business needs and have worked with some of the best-known brands, from banks to tech companies, pharmaceuticals and FMCG companies. This industry-specific approach can help you realise your commercial goals.

The right brands will win the hearts and minds of your customers. The right patents will prevent others exploiting your ideas or provide a substantial barrier to market access. Copyright, confidentiality and rights to designs also play a vital role. We focus on key sectors relevant to you such as lifesciences, automotive, manufacturing, consumer products, financial services and TMC. This means you get in-depth industry knowledge as well as legal expertise. If you are involved in a dispute, we can guide you through the litigation process, ensuring the best outcome in both domestic and international courts.

In China, we also have strategic collaborations with China Pharmaceutical University (CPU) and other leading academic institutions, enabling high quality technical analysis in a broad range of scientific disciplines and support from leading research professors.

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17/05/2019
China re­leases draft re­vi­sion of the Pat­ent Ex­am­in­a­tion Guidelines
The Na­tion­al In­tel­lec­tu­al Prop­erty Ad­min­is­tra­tion of the People's Re­pub­lic of China re­leased the Draft Re­vi­sion of the Pat­ent Ex­am­in­a­tion Guidelines ("Draft") on 4 April 2019. The Draft was open for pub­lic com­ment un­til 5 May 2019.
30/04/2019
China re­vises the rules on trade secrets in the Anti-Un­fair Com­pet­i­tion...
On 23 April, the Stand­ing Com­mit­tee of the Na­tion­al People’s Con­gress is­sued the Amend­ment of the Anti-Un­fair Com­pet­i­tion Law (“Amend­ment”). The Amend­ment mainly ad­dresses the pro­tec­tion of trade secrets.
29/04/2019
China amends Trade­mark Law to reg­u­late bad-faith re­gis­tra­tion
On 23 April, the amended Trade­mark Law ("Amended Trade­mark Law") was passed by the Stand­ing Com­mit­tee of the Na­tion­al People's Con­gress of the People's Re­pub­lic of China. The Amended Trade­mark Law will take ef­fect on 1 Novem­ber 2019.
11/03/2019
Bad Faith Trade­mark Ap­plic­a­tions to be reg­u­lated by New Pro­vi­sions...
The Na­tion­al In­tel­lec­tu­al Prop­erty Ad­min­is­tra­tion of China (the “CNIPA”) is­sued Sev­er­al Pro­vi­sions on Reg­u­lat­ing the Ap­plic­a­tion for Re­gis­tra­tion of Trade­marks (Draft for Com­ment) (the “Draft Pro­vi­sions”) on 12 Feb­ru­ary 2019.
09/01/2019
China es­tab­lishes IP tribunal in the Su­preme People’s Court
The Su­preme People’s Court (“SPC”) of the People’s Re­pub­lic of China (“PRC”) re­leased the Pro­vi­sions on Sev­er­al Is­sues Re­lated to In­tel­lec­tu­al Prop­erty (“IP”) Tribunal (“Pro­vi­sions”) on 27 Decem­ber 2018.
08/01/2019
PRC Su­preme People’s Court is­sued pro­vi­sions on pro­hib­it­ory in­junc­tions...
To fur­ther im­prove and ex­pand pro­hib­it­ory in­junc­tion pro­ced­ures in in­tel­lec­tu­al prop­erty (“IP”) dis­putes, the PRC Su­preme People’s Court(“SPC”) is­sued on 12 Decem­ber 2018 the Pro­vi­sions on Sev­er­al Is­sues Con­cern­ing the Ap­plic­a­tion of Law in Ex­amin­ing Cases.
03/01/2019
In­tel­lec­tu­al Prop­erty Pro­tec­tion un­der the New PRC E-Com­merce Law
The PRC E-Com­merce Law (the “E-Com­merce Law”) took ef­fect on 1 Janu­ary 2019. It is China’s first com­pre­hens­ive le­gis­la­tion in the E-com­merce field and con­tains reg­u­la­tions on many as­pects re­lat­ing to E-com­merce in­clud­ing the pro­tec­tion of in­tel­lec­tu­al prop­erty.
17/12/2018
China re­leases memor­andum to crack­down on dis­hon­est IP acts
The Na­tion­al In­tel­lec­tu­al Prop­erty (“IP”) Ad­min­is­tra­tion (“CNIPA”), the Su­preme People’s Court, the Na­tion­al De­vel­op­ment and Re­form Com­mis­sion and thirty-five oth­er state-level au­thor­it­ies of the People’s Re­pub­lic of China jointly re­leased the Memor­andum of.
06/12/2018
China changes the ap­pel­late jur­is­dic­tion to hear pat­ent and oth­er...
The Stand­ing Com­mit­tee of the Na­tion­al People’s Con­gress of the People’s Re­pub­lic of China has re­cently re­leased the De­cision on Sev­er­al Is­sues con­cern­ing Ju­di­cial Pro­ced­ures for Pat­ent and Oth­er In­tel­lec­tu­al Prop­erty (“IP”) Cases (“De­cision”).
17/10/2018
Chin­a's courts pass con­tro­ver­sial rul­ings on open-source li­cen­cing
In a re­cent de­cision that could have leg­al im­plic­a­tions on the use of open-source soft­ware in China, the Beijing In­tel­lec­tu­al Prop­erty Court (BIPC) used a con­tro­ver­sial test to de­term­ine wheth­er soft­ware de­veloper YouZi in­fringed on copy­right or simply ex­ploited.
13/09/2018
China es­tab­lishes two new In­ter­net Courts in Beijing and Guang­zhou
The Su­preme People’s Court of the People’s Re­pub­lic of China re­leased the Pro­vi­sions on Sev­er­al Is­sues Con­cern­ing the Tri­al of Cases by the In­ter­net Court (“Pro­vi­sions”) on 6 Septem­ber 2018. The  Pro­vi­sions defined the jur­is­dic­tion and op­er­a­tion of the two.
11/05/2018
China Monthly TMT Up­date – May 2018
MIIT pub­lishes the ad­min­is­tra­tion meas­ures on road test­ing of in­tel­li­gent con­nec­ted vehicles (for tri­al im­ple­ment­a­tion) The Min­istry of In­dustry and In­form­a­tion Tech­no­logy (“MIIT”) and two oth­er au­thor­it­ies jointly pub­lished the Ad­min­is­tra­tion Meas­ures of Road.