Comparison of Chinese and Japanese Design Systems - Part I
In China, "Design", along with an invention or a utility model, is defined under the Patent Law of China. No independent legislation is applied to a design in China.
In Japan, "Design" is legislated independently of an invention or a utility model and is defined under the Design Act of Japan.
2. Protectable Subject Matter
The Patent Law of China (Article Read more
Comparison of Chinese and Japanese Design Systems - PartⅡ
The Patent Law of China (Article 31) stipulates: An application for a patent for design shall be limited to one design incorporated in one product. Two or more similar designs for the same product or two or more designs which are incorporated in products belonging to the same class and are sold or used in sets may be filed as one application.
It could be seen from above stipulatio Read more
How Chinese AMRs Can Protect Your Intellectual Property Rights
Over a decade ago, Sika AG, a specialty chemicals company with global prominence in the building industry, was actively expanding its business into the Chinese markets; however, they were also troubled by emerging copycats and counterfeit products in the markets. It would have been costly and unrealistic to sue all the infringers before the courts. In this context, starting in 2009, Mr. Hong ZHENG designed a series o Read more
Analysis of the Supreme People’s Court’s 115th Guiding Case
On April 27th, 2020, in order to focus on the achievements of the judicial protection of intellectual property rights (IPR) of the People's Court, and give full play to the exemplary role of typical cases, the General Office of the Supreme People's Court has released Chinese courts’ Top 10 IPR cases in 2019, for reference by people's courts at all levels in the future trial of IPR. This article will Read more
SIKA AG and Yangzhou Xika Came to a Comprehensive Settlement in a Two-Year Lawsuit
Thanks to wise lawsuit strategy devised by the senior attorney of Tee & Howe and active mediation of Nanjing No. 1 Intermediate People’s Court (Nanjing Court), Sika AG just came to a comprehensive settlement with the Defendants Yangzhou Xika / Yangzhou Deke, and Sika AG was awarded 1 million RMB damages in a two-year trademark infringement and unfair competition lawsuit.
Sika AG is an over-100-year-hist Read more
Bickiepegs Scored Crucial Victories against Trademark Squatters
On May 8th, 2019, the administrative dispute cases of trademark invalidation request between Bickiepegs Limited and Ballack & Tony Limited came to trials in Beijing Intellectual Property Court (Beijing IP Court). Tee & Howe’s senior attorney-at-law Mr. Hong ZHENG appeared in court on behalf of the plaintiff Bickiepegs Limited and won crucial victories in both two cases. Beijing IP Court ruled to cancel Read more