In response to the rapid increase in the number of trademark prosecution administrative review cases (appeals from the Trademark Office – CNIPA), the Supreme People’s Court issued a Judicial Opinion on “Promoting the Reform of Administrative Litigation Proceedings by Dividing Complicated Cases and Simple Cases ” (the “Opinion”) in May 2021. The Opinion aimed to optimize the allocation of judicial resources and improve judicial efficiency.  According to statistics, the average annual growth rate of intellectual…

Since 2013, China has gradually introduced the concept of punitive damages in the amendments to several laws on intellectual property rights, in which the elements of punitive damages were also stipulated, namely the infringement has to be “intentional” or “malicious” and “serious”. In 2020, the Civil Code was officially adopted, and it stipulates that the award of punitive damages may only be considered where the infringed party has specifically request for the same. On March…

We would like to acknowledge the contributions of Rex Lee and Amy O’Brien in preparing this blog. Intellectual Property (IP) Australia published their 9th annual edition of the Australian IP Report (the IP Report) on 29 April 2021.  The IP Report, available here, offers a general overview of the current Australian IP climate. It outlines trends, data and legal rights pertaining to patents, trade marks, designs, plant breeder’s rights (PBR) and copyright. IP Australia…

On 5 July 2021, the Government released its Discussion Paper setting out the Government’s proposal and seeking views from key stakeholders. The paper will be open for submissions until 16 August 2021.   Now is the opportunity for stakeholders to put forward their suggestions as to what a patent box in Australia should entail. Patent boxes typically refer to a concessional tax regime on intellectual property (IP) profits. The Government is hoping to incentivise companies to…

Through a coalition of four industry associations, the Canadian food and beverage industry has committed to a Code for the Responsible Advertising of Food and Beverage Products to Children (the “Food and Beverage Advertising Code”).  A Guide for the Code for the Responsible Advertising of Food and Beverage Products to Children (the “Guide”) has also been adopted. The Food and Beverage Advertising Code targets advertising that is primarily directed at children.  It is expressly intended…

Although it is not strictly necessary to file for a trade mark registration before using a mark, there are significant advantages to securing trademark protection, particularly in a company’s primary markets.  Amongst other benefits, a trademark registration gives the owner the exclusive right to use that mark in association with the goods and services covered by the registration.  However, many companies forget that trademark protection in countries where they manufacture can be equally important and…