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The illegal business turnover is an important basis for administrative penalties in trademark infringement cases, but the current law does not have a clear definition of the concept of illegal business turnover or specific calculation methods. To clarify and refine the rules for calculating the illegal business turnover, strengthen the guidance of trademark administrative law enforcement, unify enforcement standards, and protect the legitimate rights and interests of trademark owners, the China National Intellectual Property Administration and the State Market Reg...
2024
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Author: Yingying Zhu, Partner at BEIJING MINGDUN LAW FIRMEmail: zhu.yingying@mdlaw.cnDate: October 12, 2024 IntroductionUnder the Personal Information Protection Law of the People’s Republic of China (the “PIPL”), “sensitive personal information” (the “SPI”) is defined as “the kind of ‘personal information’ (the “PI”) that the leakage or illegal use of which could easily lead to the violation of personal dignity of data subject or harm to the data subject’s personal or property safety, including, but not limited to, information on biometric i...
2024
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Author: Yingying Zhu, Partner at BEIJING MINGDUN LAW FIRMEmail: zhu.yingying@mdlaw.cnDate: July 24, 2024With the flourishing of AI technology, works created by AI could outpace and exceed those done by humans in many aspects, as AI is being trained using deep learning algorithms to analyze vast amounts of data and to learn patterns, styles, and structures, while human brains normally cannot compete in that depth of training. While people around the world are enthusiastic about the continued pushing-back of boundaries for literary and artistic creations by AI, in t...
2024
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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 ...
2024
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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...
2024
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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...
2024
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Author：Miao QuMingdun Made a Speech on the Dilemma of Applying the Crime of Concealing the Proceeds of Crime to Diverted Drug CasesOn December 23, 2023, four lawyers from Mingdun Law Firm, including Liu Jinzhu, Zhang Lin, Wang Hui, and Qu Miao, participated in the Second Seminar on the Theory and Practice of Governance of New Types of Crimes as representatives of the members of Beijing Criminology Research Society.This seminar was organized by the Beijing Criminology Research Society, with the theme of "Exploring the Crime Governance System in the New Era and Serving the Rule of Law ...
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