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Author: jia chang ZhangIntroductionWith the development of science and technology, the patentability of biotechnology, especially human genes, has always been in dispute. Proponents argue that human genes should be patented without restriction, and that any possible challenges and concerns can be addressed by patent standards. This article will first analyz patent systems in the United States and Europe to examine the patentability of genes, and the role of patent standards in protecting human genetic development. Then focus on evaluating the legitimate concerns raised by opponents about human...
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In September 2022, an insurance company sued our client, an insurance brokerage company as well as a technology company, requiring them to pay the premium collection and claim settlement amount of RMB 3 million.After accepting the entrustment, MingDun patiently listened to the client's briefing on the contract's signing, performance and dispute. Further, our firm carefully reviews the evidence materials of the case, deeply analyzes the evidence materials related to the litigation request, and works with the client to formulate response strategies and actively respond to the litigation....
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Recently, MingDun helped our client Novo Nordisk knock out infringing domain names and in Hong Kong. Mingdun successfully prevented the infringer from illegally using Novo Nordisk's goodwill to deceive patients.Our client Novo Nordisk is a world-leading biopharmaceutical company dedicated to human health for the benefit of patients and society with advanced biotechnology. Novo Nordisk's history dates to 1923, and for a hundred years, it has been committed to innovation and lead the field of diabetes. This tradition also gives Novo the experience and ability to help people overcome ot...
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Recently, the Market Supervision Administration of Jiujiang City, Jiangxi Province, at the request of MingDun, imposed a fine of CNY 120,000 on the Jiujiang Fuzeyuan Pharmacy for its retail of only 3 boxes of medicines purchased through illegal channels. This case was published as a typical case by Jiangxi Provincial Market Supervision Administration. Details of the case are as follows.In October 2022, MingDun found that the client’s products sold by the Fuzeyuan Pharmacy had actually flowed through the Affiliated Hospital of Jiujiang Medical College. In another word, the client’s products sho...
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Author: Yingying Zhu, Partner at BEIJING MINGDUN LAW FIRMEmail: zhu.yingying@mdlaw.cnDate: August 30, 2023Introduction The China Standard Contractual Clauses (hereinafter the “China SCCs”) as well as the application rules have been promulgated by the Cyberspace Administration of China (hereinafter the “CAC”) on February, 24, 2023, and have become effective on June 1, 2023.The CAC offers a six-month grace period for personal information handlers [1](hereinafter the “PI Handlers”) to take necessary measures to comply with the requirements for their cross-border transfer of Personal Inf...
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Author: Wenjuan(Judy) Liu; Danqing(Belinda) ZhaoIn the trademark authorization procedures, in order to overcome the prior cited mark, a common strategy would be to take action against the earlier mark via opposition, non-use cancellation, or invalidation. However, examination results of the trademark application or the review of refusal will very often come out before the counter-action is decided, thus leaving the owner to either continue to file costly appeals or refile an application for their own trademark. To reduce the amount of unnecessary administrative litigation caused by the un...
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Author: Judy (Wenjuan) LiuDefensive trademark registration protection in related classes for important core trademarks has become a common strategy adopted by trademark right holders. Despite the increasing efforts to combat trademark squatting in bad faith, defensive trademark registration is still undoubtedly the most economical and effective way. However, 'defensive trademark' is not a 'special statutory right of' trademark under the Trademark Law of Republic of China (hereunder refers to PRC Trademark Law). Its registration protection is still subject to the PRC Tradem...
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