Julia Peng

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Earlier this year, the Shanghai IP Court (“Court”) handed down an interesting judgment in a patent infringement case between a French car parts manufacturer and three Chinese defendants (two Xiamen, Fujian Province based companies and an individual). On 27 March 2019, upon appeal, the IP Court of Appeal at the Supreme People’s Court upheld the judgment. The judgment is interesting not so much for its outcome, but for the procedural discretion employed by the Court.…
On 4 January 2019, China’s National People’s Congress (NPC) released draft amendments to the Chinese patent law for public comments (English translation available upon request), proposing, among other issues; higher damages for patent infringement, more options for rewarding inventors under an employee invention remuneration scheme, and patent term extensions for design patents and pharmaceutical patents. The current version of the law, which dates back to 2008, is generally seen as outdated and in need of…
At the end of June, Hogan Lovells inaugurated its new office premises in Moscow with Partner Natalia Gulyaeva hosting the first seminar of our Russia-Asia IP series with Vietnam IP Counsel Nga Nguyen and Hogan Lovells Fidelity China Senior Associate Julia Peng. More than 20 business leaders from the professional services, automotive, consumer products and technology industries enthusiastically expressed interest in understanding how foreign businesses deal with IP issues in Asia, from protecting and defending…
In China, trade dress protection provides exclusive rights over a certain product get-up that acts as an indicator of origin. In order to qualify for protection, a trade dress must have a unique quality, rather than being common or generic, so that it can be distinguished from the get-up of other products in the market. The trade dress and associated products must also have acquired a substantial level of reputation, so that the relevant public…
In March 2017, the Sixth Appellate District issued its decision in Aptos Council v. County of Santa Cruz, which rejected a two-pronged challenge to the County of Santa Cruz’s adoption of three zoning ordinances revising existing sections of the County zoning code, including an ordinance altering height, density, and parking requirements for hotels.  In affirming denial of the petition for writ of mandate, the appellate court held that (1) the County did not engage…
The Beijing IP Court recently made headlines by granting a record amount of damages for patent infringement -no less than RMB 49 million (USD7.15m)-, one of the highest amounts since the court was established in November 2014. Moreover, the Court also granted the Plaintiff’s demand for a reimbursement of no less than RMB 1 million (USD150k) in legal fees, which is –to our knowledge- also one of the highest amounts ever granted for this type…