China Justice Observer

中国司法观察

China Issues Guiding Cases on Administrative Enforcement of IP Rights - China Legal News

Fri, 15 Jan 2021
Categories: China Legal News

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On 14 Dec. 2020, China National Intellectual Property Administration issued the first batch of Guiding Cases on administrative enforcement of intellectual property rights. 

There are five cases in this batch. Guiding Cases 1, 2 and 3 are trademark disputes; Guiding Case 4 is about temporary patent protection; Guiding Case 5 involves infringement of the exclusive right for layout-designs of integrated circuits.

The first batch of Guiding Cases are determined by China National Intellectual Property Administration, in the light of the Provisions on Guiding the Administrative Enforcement Cases of Intellectual Property Rights (for Trial Implementation) (关于知识产权行政执法案例指导工作的规定(试行)) promulgated in 2019. 

According to the Provisions, China National Intellectual Property Administration will select cases that "have been legally effective, reflect the orientation towards strict protection of intellectual property rights, and have good legal and social effects". The IP administrative enforcement organs should refer to them when dealing with similar cases.

Contributors: Yanru Chen 陈彦茹

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