Thank You

You are now registered for our Rouse Insights Newsletter

News and Cases from China: April 2016

Published on 06 May 2016 | 6 minute read

A round-up of the latest laws, regulations and cases in China.


Beijing High People’s Court issues Guidelines for Adjudication of Network-related IP Cases


Issue date: 13 April 2016

Recently, the Beijing High People's Court issued Guidelines for the Adjudication of Network-related IP Cases. The Guidelines are in three parts with forty-two articles and deal with topical issues in Network-related copyright, trade mark and unfair competition cases. In relation to the liability of network service providers, the Guidelines stipulate that the network service providers will be relieved of liability if they provide the requested information in relation to the online seller In addition, if an IP owner notifies the network service provider of an infringement, the network service provider is obliged to take instant and appropriate action to stop the infringement. This may include the deletion of material or the blocking or disconnection of the link.

The network service provider will commit an act of abetting infringement if it intentionally induces and encourages the online seller to infringe a trade mark either directly or indirectly.  The network service provider will also be considered to be facilitating infringement if it has knowledge of the infringement and fails to delete, block or disconnect the link. In these two circumstances, the network service provider shall be jointly liable for IP infringement.




Click Here For More

SPC Issues Judicial Interpretation No.4 of Several Issues Concerning Application of the Company Law, for Public Comment


Issue date: 12 Apr 2016

The Supreme People's Court recently issued a draft Judicial Interpretation of Several Issues Concerning Application of The Company Law (IV), for comment.  Pursuant to the Draft, unless stated otherwise in the Articles of Association, a share transfer that has already taken place pursuant to the laws of inheritance, will have priority over a share purchase.  If the Articles of Association place undue restrictions on transfer a shareholder can apply to the court for invalidation of the article in question.


Click Here For More


China Food and Drug Administration (CFDA) Issues Regulations relating to approval procedures for generic drugs and medicinal products, Public Comment


Issue date: 13 April 2016 

On 13 April, the CFDA issued three medicine related regulations for public comment. The three regulations are Procedure for Reference Products Filing and Recommendation Under Equivalence Studies of Generic Drug (Draft for Comment); Procedure of Site Inspection for Medical Device Under Clinical Trial; and Considerations for Conducting Site Inspection for Medical Device Under Clinical Trial.  The CFDA at provincial level can submit comments in hard copy; other interested parties can submit comments by email, mail or fax. The deadline for submitting comments was 25 April, 2016.

4月13日,食药总局发布《仿制药质量和疗效一致性评价参比制剂备案与推荐程序(征求意见稿)》 、 《医疗器械临床试验现场检查程序》和《医疗器械临床试验现场检查要点》 ,公开征求意见。各省、自治区、直辖市食品药品监督管理局将书面意见报送至食药总局,其他单位和个人的意见可通过电子邮件、信函或传真反馈。意见反馈时间截止至2016年4月25日。



State Council amends Vaccine Regulations


Issue date: 23 April 2016

The State Council has recently issued the Decision on Revising the Administrative Regulations on the Circulation and Inoculation of Vaccines (the ‘Decision’) with effect from 23 April 2016.

The Decision reforms the distribution of Class 2 vaccines, providing that they will be purchased by provincial disease control and prevention agencies on provincial platforms for public resources transaction. Centres at county level will purchase Class 2 vaccines from vaccine producers for supply to inoculation entities within their respective administrative areas. The authorised disease prevention and control agencies and vaccination entities are required to establish authentic and complete purchase and receiving records, to ensure consistent bills, accounts, goods, and amounts.

The Decision strengthens the administrative system for the whole-process cold chain storage and transportation of vaccines, defines distribution duties, and enhances the cold chain management during storage and transportation, by requiring that during the whole course of storage and transportation, vaccines shall not be out of the cold chain and their temperature shall be monitored and recorded on a regular basis, with temperature control labels being attached to certain vaccines, and imposing an additional obligation to ask for temperature monitoring records in receiving vaccines.








Court Rejects Trade Mark Registration of ‘face book’ in relation to beverages

抢注“face book”商标饮料被驳 法院认定抄袭

Issue date: 27 Apr 2016

Recently, the High People's Court of Beijing rendered a second instance judgment in relation to the registration of the words 'face book' in relation to beverages.  The Court upheld the judgment of the court of first instance, and found that the applicant had applied to register 'face book' with the intention of reproducing and copying a famous third-party trade mark.

In 2011, Liu Hongqun filed an application with the Trademark Office for registration of the trade mark ‘face book’ in relation to goods in Classes 29 and 30. The application was successful. The US company, Facebook Inc, owner of the FACEBOOK trade mark, then filed an objection with the Trademark Review Committee (TMRC), which also approved Liu Hongqun's registration.  Facebook Inc. then brought an administrative action and the court of first instance overruled the TMRC decision.  It found that the decision had been based on insufficient evidence, and ordered the TMRC to reconsider the matter. Liu Hongqun was dissatisfied with the judgment and appealed to the Beijing High People’s Court.

北京市高级人民法院近日对“face book”商标异议复审案做出二审判决,认定申请人注册“face book”的行为具有复制、抄袭他人高知名度商标的故意,维持一审判决。

2011年,刘红群向商标局提出“face book”商标的注册申请,指定使用在第29类、第30类商品上。“FACEBOOK”商标拥有人美国菲丝博克公司向商评委提出异议申请,后者做出核准注册的裁定,该公司不服裁定,提起行政诉讼。一审法院认定商评委作出的被诉裁定主要证据不足,判决撤销被诉裁定,要求商评委重新作出裁定。刘红群不服,提起上诉。


30% Complete
Rouse Editor
+44 20 7536 4100
Rouse Editor
+44 20 7536 4100