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Author: Yingying Zhu, Partner at BEIJING MINGDUN LAW FIRMEmail: zhu.yingying@mdlaw.cnDate: February 21, 2024Introduction There is a motto that you might be told as a kid: no one is born a winner; everyone is born a chooser-making choices as to who you want to be. However, when you grow up, you find that, sometimes with great frustration, this motto might not be true because some people are born with a sliver spoon in mouth while others are not as lucky. In the commercial world, there are products who are born winners-those with a Geographical Indication (hereinafter, the “GI”) which is a ...
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Author: Yingying Zhu, Partner at BEIJING MINGDUN LAW FIRMEmail: zhu.yingying@mdlaw.cnPublished: January 17, 2024China has a multiagency system for protecting geographical indication (GI) products. GIs can be registered as collective or certification trademarks before the China National Intellectual Property Administration (CNIPA). GI products can also gain protection from the former General Administration of Quality Supervision, Inspection and Quarantine. Primary products produced through farming can be protected as GIs of agricultural products before the Ministry of Agriculture and Rural Affa...
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Author: James LiuMain Trademark Legislation in China in 2023 1. The Standard for the Circumstances for Suspension of Review cases 2. Pre-filing of administrative litigation cases against review of refusals grant the plaintiff 12 months (not extendable)3. Measures for the Implementation of the Provisions on the Administration of Enterprise Name Registration 4. Convention on the Abolishment of the Legalization Requirements for Foreign Public Documents will come into effective in China5. Notice on comprehensively implementing online filing for opposition cases6. Draft Amendments to Chin...
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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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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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