Rednote and a Foreign Artist’s “Half Victory” in China’s Courts

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Category: SINOTALKS® In Brief

Images: Andrea Stöckel, Vintage Art Music Cats;
Karen Arnold, Do Not Copy Stamp (Publicdomainpictures.net)

An appellate court in Beijing just delivered a victory to a Belgian artist in a five-year-long legal battle, upholding an earlier ruling of the Beijing Intellectual Property Court that his paintings have been plagiarized for years by a Chinese artist. A key step towards this victory was the Belgian artist’s success in keeping the case in the Beijing Intellectual Property Court. Artists around the world seeking to protect their copyrights should understand both the positive actions this court took in this case and the confusion that remains as a result of the court’s decision, as well as why they should leverage platforms such as Rednote to avoid ordeals like the one experienced by the Belgian artist.Read more

How a Trademark Case Helps Illuminate China’s NEW Patent Rules

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Category: SINOTALKS® In Brief

Image: Anthony Nava, Blue, Red, and Green Gears (Publicdomainpictures.net)

China’s reduction of the reserve requirement ratio for all banks beginning from February 5 is expected to help revive the economy by injecting more cash into the banking system. Another measure that is likely to help improve China’s economy but seems to have drawn little attention outside the legal community is the release of a set of revised rules to implement China’s Patent Law. If applied effectively, these revised rules have the potential to strengthen China’s patent protection mechanism, making the country more appealing to foreign investors.Read more

In Brief

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Category: SINOTALKS® In Brief

Images: Wright Studio;
Lightspring (Shutterstock.com)

Justice delayed is justice denied. The prompt delivery of judgments is particularly important in cases involving infringement of intellectual property rights, where holders of these rights need to minimize their losses by stopping the infringement swiftly. China does offer a solution. How does it work? Read more

SinoInsights

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Category: SinoInsights™

Image: Mohamed Mahmoud Hassan, Lightbulb, Idea, Innovation (Publicdomainpictures.net)

How can the development of China’s Case Guidance System promote the country’s judicial protection of intellectual property rights, helping achieve the goals set forth in the Plan for the Judicial Protection of Intellectual Property Rights in People’s Courts (2021-2025)?Read more

Guiding Case 115

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Category: SinoInsights™

Image: Anastasia Amstutz, Windshield Rain (Publicdomainpictures.net)

In December 2019, the Supreme People’s Court of China released Guiding Case No. 115. Four months later, in April 2020, the second-instance judgment upon which this Guiding Case is based was selected by the Supreme People’s Court as one of the “Top 10 Intellectual Property Cases of Chinese Courts in 2019”. Why is this case so important? It is all related to the concepts of “act preservation” and “functional features” of inventions.Read more

In Brief

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Category: SINOTALKS® In Brief

Images: Michal Sanca;
Sazhnieva Oksana;
Artreef (Shutterstock.com)

What should celebrities do to protect their names in China? Why does Alibaba need to take some remedial measures to avoid further scrutiny from authorities?Read more

In Brief

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Category: SINOTALKS® In Brief

Image: Den Rise (Shutterstock.com)

Apart from China’s Guiding Cases, legal practitioners, business executives, and other stakeholders must not forget about Typical Cases, another category of representative cases that the Supreme People’s Court of China can release to guide Chinese courts’ adjudication. What are Typical Cases? Why are they significant?Read more