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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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Trademark rights enforcement is an important way for trademark rights holders to combat all kinds of infringement, prevent the dilution of trademark rights, as well as actively protect their legitimate rights and interests. It is also one of the important ways to achieve the value of registered trademarks. According to the circumstances in which the infringement occurred, the legal procedures to which the infringing trademark belongs, the status of use and other factors, the trademark rights enforcement cases mainly include the following two types: TypeContentTrademark...
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Recently, Mingdun Law Firm represented Kunlun Tongtai LLC. in the administrative dispute of trademark rejection review and the invalidation declaration dispute, successfully helping the client to invalidate the prior cited trademark registered in bad faith, and at the same time being making its core trademark approved for registration. The victory of these cases effectively safeguarded the client's brand and laid a solid foundation for the long-term development of the client's brand.Shenzhen Kunlun Tongtai LLC. submitted an application of registration for its core trademark “” (transli...
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Recently, Mingdun Law Firm represented Kunlun Tongtai LLC. in the administrative dispute of trademark rejection review and the invalidation declaration dispute, successfully helping the client to invalidate the prior cited trademark registered in bad faith, and at the same time being making its core trademark approved for registration. The victory of these cases effectively safeguarded the client's brand and laid a solid foundation for the long-term development of the client's brand. Shenzhen Kunlun Tongtai LLC. submitted an application of regist...
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