Tsi & Partners was recognized as “Tire Two Law Firm” in Intellectual property trademark/copyright and patent field. Meanwhile, Chang Tsi & Partners was nominated as “China IP Law Firm of the Year” by SSQ ALB China Law Awards, the winners will be announced on the award ceremony held in Beijing on August 6, 2020.
The Managing Partner Simon Tsi and the Partner Michael Fu of Chang Tsi & Partners won the last instance of a trademark infringement case on behalf of Michael Kors (defendant), wherein all the claims by Shantou Chenghai Jianfa Handbag Craft Factory (plaintiff) were rejected.
In China, difficulties in enforcement of court judgments has been an outstanding problem for years. Specifically, a legally effective judgment cannot be enforced in a timely and effective manner, which may be attributed to many factors, such as unsound systems of property registration and social credit, low penalties of non-compliance, limited enforcement measures by the court, incomplete mechanisms of enforcement procedures between various administrations and the court. Accordingly, judgment debtors may intentionally escape from enforcement or even violently resist.
The competitive factors of kitchen and bath products lie in the excellence of product performance, the maturity of production technology and aesthetic value of product design.
Trademark infringement is not a brand new topic to discuss. Article 57 of the Chinese Trademark Law lists several kinds of trademark infringement. We have seen numerous actions of copying trademarks or using similar marks to mislead the consumers. The infringers do not need a thorough plan to conduct these basic types of infringement, and the cost is low.
The State Council Information Office held a press conference at the State Council Information Office on pril 24, 2018. Changyu Shen, Director of the State Intellectual Property Office, gave a speech about the development of intellectual property in China in 2017.
Computer software, as a type of work, could be the subject of copyright law. Whether or not a software is copyrightable depends on two basic factors -Originality and Idea/Expression Dichotomy. Both U.S. and Chinese Law and practice shall be discussed herein since the U.S. statutes and application effects a lot to Chinese.
The Norms for Enterprise Management of Intellectual Property, drafted by the State Intellectual Property Office and China National Institute of Standardization and published on March 1, 2013, provides specific guidance for the enterprise to manage its intellectual property (IP).
The Anti-Unfair Competition Law of the People’s Republic of China was revised at the 30th Session of the Standing Committee of the 12th National People’s Congress of the People’s Republic of China on November 4, 2017. This Law will be implemented as of January 1, 2018, and is revised for the first time after 24 years since the Anti-Unfair Competition Law of the People’s Republic of Chinawas enacted in 1993.
Chinese consumers are paying more and more attention to the unique design of products. Under such circumstances, design patent rights become increasingly important in market competition, and thus a target that infringers tend to attack. A strategy the infringers usually use during infringement lawsuits is to file a request for invalidation against the patent right.