Using Trademark as Business Name: Trademark Infringement or Unfair Competition?
Case Background The plaintiff, Lanzhou Foci Company, is a joint-stock entity established in 1956 following the relocation of the original “Shanghai Foci Pharmaceutical Co., Ltd.” to Lanzhou….
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Navigating Distributor Parallel Import Practices under China Trademark Law
The Connection Between Parallel Imports and Authentic Goods Parallel imports refer to the practice where certain distributors sell products beyond their designated territories. This often involves a…
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Application of Burden of Proof in China Patent Infringement Cases
Overview of Burden of Proof Allocation According to Article 2 of the Supreme People’s Court’s Several Provisions on Evidence in Intellectual Property Civil Proceedings, in patent infringement…
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Standardized Use of Trademarks from Trademark Cancellation Cases – Judicial Featured Article
The judges at the Beijing Intellectual Property Court demonstrate remarkable diligence in their work. In addition to managing a significant caseload, they remain committed to advancing both…
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Patent Infringement Established without Tangible Proof of Product
This case introduces a novel litigation strategy for assessing patent infringement related to the use of large industrial equipment, particularly in situations where obtaining physical evidence is…
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Navigating the AIGC Judicial Practice in China – AIGC Rulings from Guangzhou and Beijing Internet Courts
In 2023, the Beijing Internet Court delivered a ruling in case number (2023) Jing 0491 Minchu 11279, namely, the Spring Breeze Case, which has been widely recognized…
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Civil Liability Associated with Malicious Trademark Applications
In recent years, China has made significant strides in safeguarding the rights of trademark holders and fostering fair market competition by enhancing regulations against malicious trademark applications….
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Xitao Face-swapping App v. Individual Portrait Right – China AIGC Ruling Series
Case No.（2023）京0491民初12766号 A recent legal case involving artificial intelligence face-swapping technology has emerged, with the plaintiff, Lin Moumou, initiating a lawsuit against Beijing Technology Co., Ltd. The…
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IP Licensing Infringement vs Breach of Contract in China
In today’s bustling global marketplace, the protection of intellectual property (IP) rights has become a vital shield for businesses eager to defend their brands and innovations. Licensing…
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Defending OEM against Trademark Non-use in China
The validity of trademark use in the Original Equipment Manufacturer (OEM) process in relation to non-use cancellation has been a topic of considerable debate. This is primarily…
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