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China IP Updates: December 2021 (Issue 1)

Published on 16 Dec 2021 | 2 min read

IP Laws & Regulations

The CNIPA and CCPIT has issued guidance on further strengthening the construction of response mechanisms for Overseas IP Disputes
国家知识产权局和中国国际贸易促进委员会发布《关于进一步加强海外知识产权纠纷应对机制建设的指导意见》

Date:2021-12-03

The China National Intellectual Property Administration and China Council for the Promotion of International Trade have jointly issued guidelines on further construction of a mechanism for dealing with overseas intellectual property disputes (hereinafter referred to as the "Guidelines") in an effort to fully implement the Guidance on Promoting the High-Quality Development of Trade, the Outline for Building a Country Strong on Intellectual Property Rights (2021-2035), and the Guideline on Strengthening Intellectual Property Rights Protection, and offer better protection for overseas IP.

According to the Guidelines, by 2025 China will manage to establish an overseas IP dispute settlement mechanism where local governments can work with each other and coordinate with the central government. In addition, China will set up an information tracking and release mechanism for overseas IP litigation and trade investigation, thereby providing enterprises with early warning services and guidance on their response strategy. China will also build an early warning and response mechanism concerning overseas piracy of Chinese enterprises' trademarks. This mechanism will continuously update the guidance for safeguarding Chinese company’s trade mark rights and handling trademark disputes in key overseas markets.

Source: https://www.cnipa.gov.cn/art/2021/12/3/art_75_171863.html

 

Case Spotlight

Professor Sued CNKI for infringing the right to disseminate information, receiving a total compensation of more than 700,000 yuan
教授起诉知网侵害作品信息网络传播权,累计获赔70余万元

Date:2021-12-08

Professor Zhao Dexin, a renowned economic historian, recently found more than 100 of his papers had been collected by knowledge resource platform CNKI and spread through PCs and mobile phones without notice or authorization. The Professor never received remuneration from CNKI but had to pay it if he downloaded his papers from the platform. Subsequently he took the China Academic Journal (CD) Electronic Journals Publishing House Co., Ltd., the owner of CNKI, to court. The two sides had a number of disputes mostly over the infringement of the professor's right to disseminate his works via an information network.

The court held that the defendant's act to publish Zhao Dexin's works on CNKI operated platforms and allowing internet users to download the works at their selected time and place constituted an infringement of Professor Zhao's right to disseminate his works via an information network. Professor Zhao won the disputes and received more than RMB700,000 in damages from the defendant.

Source: https://www.sohu.com/a/506369242_296660

 

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Principal, Global Head of Dispute Resolution
+852 2302 0832
Principal, Global Head of Dispute Resolution
+852 2302 0832
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