Case Concerning Trademark Agency’s Joint and Several Liability (Issued by the Hangzhou Intermediate People’s Court on April 26, 2024)

Case Concerning Trademark Agency’s Joint and Several Liability (Issued by the Hangzhou Intermediate People’s Court on April 26, 2024)By •

Court: Hangzhou Intermediate People’s Court Date of Issuance: April 26, 2024 Case No.: (2024) Zhe Min Zhong 234 Issue Involved: Whether a trademark agency should be held liable when it plays a significant role in planning or guiding trademark infringement, violating principles of good faith and professional ethics? Mengchun’s Comments: The right holder may collect evidence to prove that the […]

Case Concerning Trademark Agency’s Joint and Several Liability (Issued by the Hangzhou Intermediate People’s Court on April 26, 2024) More »

The Very First Case on the Effect of Data Registration Certificate in the PRC (Issued by the Beijing IP Court on June 28, 2024)

The Very First Case on the Effect of Data Registration Certificate in the PRC (Issued by the Beijing IP Court on June 28, 2024)By •

Issue Involved: How can a company assert its data rights? Mengchun’s Comments: Summary of the Court’s Judgment In the landmark case, the Beijing IP court ruled on the legal standing of the Datatang company’s “Data Intellectual Property Registration Certificate” as preliminary evidence of proprietary interests in a dataset. The court also recognized the certificate as preliminary evidence that Datatang’s data

The Very First Case on the Effect of Data Registration Certificate in the PRC (Issued by the Beijing IP Court on June 28, 2024) More »

The PRC Supreme People’s Court Imposed CNY 1 million Fine for Evidence Destruction and Non-Compliance (Published by the Supreme People’s Court on July 18, 2024)

The PRC Supreme People’s Court Imposed CNY 1 million Fine for Evidence Destruction and Non-Compliance (Published by the Supreme People’s Court on July 18, 2024)By •

Issue Involved: When a party destroys important evidence and refuses to comply with a PRC court’s effective preservation, the PRC court will impose a fine on the said party. Mengchun’s Comments: By imposing a significant fine on Company B for their obstruction of evidence, the PRC court sends a strong message that any attempts to destroy evidence will not be

The PRC Supreme People’s Court Imposed CNY 1 million Fine for Evidence Destruction and Non-Compliance (Published by the Supreme People’s Court on July 18, 2024) More »

Supreme People’s Court Awards CNY 100 Million in “Siemens” Trademark Infringement and Unfair Competition Case (Ruled by the Supreme People’s Court on July 27, 2023, one of China’s Top 10 Intellectual Property Cases of 2023)

Supreme People’s Court Awards CNY 100 Million in “Siemens” Trademark Infringement and Unfair Competition Case (Ruled by the Supreme People’s Court on July 27, 2023, one of China’s Top 10 Intellectual Property Cases of 2023)By •

Issue involved: If the profits obtained from infringement significantly exceed the statutory compensation limit, but the rights holder cannot obtain specific sales data from the infringer, how can the rights holder collect evidence and claim compensation? Mengchun’s Comments: 1. Collect preliminary sales data from the infringer to demonstrate that their overall profits exceed the statutory compensation limit. 2. Provide comprehensive

Supreme People’s Court Awards CNY 100 Million in “Siemens” Trademark Infringement and Unfair Competition Case (Ruled by the Supreme People’s Court on July 27, 2023, one of China’s Top 10 Intellectual Property Cases of 2023) More »

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