Search Results for: Han-Mei Tso


29

Sep 2017

Under Armour Won Trademark Battle Against Uncle Martian in China

By: Han-Mei Tso and Ken Yu In August 2017, the People’s Higher Court of Fujian Province (the “Fujian Higher Court”) issued the first instance judgment on UNDER ARMOUR Inc. (“UNDER ARMOUR”) v. Fujian Tingfeilong, Inc. (“Tingfeilong”). The Fujian Higher Court held that the defendant’s act has infringed the plaintiff’s trademark rights and also constituted unfair competition. The Fujian Higher Court awarded 2 million RMB for…

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29

Sep 2017

Hangzhou Internet Court: On the Fly

By: Han-Mei Tso and Jude Yi Hangzhou, the capital of China’s Zhejiang Province, is indicating its potential and appeal for internet innovation by being the hottest city for thousands of internet companies to call home, including the most notable industry bellwether, Alibaba. Adding more buzz to this city’s internet atmosphere, a pioneer judicial innovation – the one and only Internet Court in China – has…

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01

Aug 2017

China’s Guiding Cases in IP Law, Part II: Infringement of Patent for Pharmaceutical Preparation Process

By: Han-Mei Tso In March 2017, the Supreme People’s Court of China (“Supreme Court”) published its 16th set of guiding cases, including 10 intellectual property (“IP”) cases.  Among the 10 IP guiding cases, three of them relate to patent infringement. In the June 2017 Osha Liang Newsletter, we discussed the first patent infringement guiding case in connection with liability of the e-commerce platform.  In this…

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15

May 2017

China Is Formulating Guidelines for Anti-Monopoly Enforcement against Abuse of IPRs

By: Han-Mei Tso and Jude Yi Recently, the Anti-Monopoly Commission of the State Council of the People’s Republic of China released to the public “Anti-Monopoly Enforcement Guidelines on Abuse of Intellectual Property Rights” (hereafter, “Guidelines”), welcoming comments from March 23, 2017, to April 21, 2017. These Guidelines, drafted by the Anti-Monopoly Commission, are based on a prior proposal jointly contributed by the National Development and Reform…

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01

May 2017

China’s Supreme Court Published New Guiding Cases in IP – Part I: Liability of E-Commerce Platform in Patent Infringement

By: Han-Mei Tso and Jude Yi In March 2017, the Supreme People’s Court of China (the Supreme Court) published its 16th set of guiding cases, including 10 intellectual property (IP) cases. It is worth noting that since the first set of guiding cases published in 2012, there were only five IP guiding cases until March 2017. This time, the Supreme Court published 10 IP related cases…

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28

Apr 2017

2017 FICPI China Symposium in Hangzhou

By: Han-Mei Tso and Jude Yi The International Federation of Intellectual Property Attorneys (FICPI) China Symposium (Hangzhou) 2017, also called the 6th China IP Symposium, was held in Hangzhou, the capital city of eastern China’s Zhejiang province, from March 30 to April 1, 2017. Hangzhou, a “Historic and Cultural City”, was most recently known for successfully hosting the 11th G20 Summit. Additionally, Osha Liang’s China office…

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31

Mar 2017

SIPO Approved the Amendments of the Guidelines for Chinese Patent Examination

By: Han-Mei Tso and Jude Yi The patent office of China, the State Intellectual Property Office (“SIPO”), has approved the Amendments of the Guidelines for Patent Examination (“Guidelines”) on March 1, 2017. The Amendments cover subject matter relating to protection of business models and computer programs, supplementary experimental data, claim amendments in invalidation proceedings, patent examination information disclosure, as well as suspension procedure which will…

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30

Mar 2017

Beijing IP Court Issued Decision Based on SEP Infringement

By: Ken Yu and Han-Mei Tso On March 22, 2017, the Beijing IP Court (the “Court”) issued its first instance judgment on Xi’an China IWNcomm Co., Ltd. (IWNcomm) v. Sony Mobile Communications (China) Co. Ltd. (Sony).  The Court held that Sony has infringed IWNComm’s Utility Patent No. ZL02139508.X which involves a Standard Essential Patent (SEP) in connection with WLAN Authentication and Privacy Infrastructure (WAPI).  The…

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27

Feb 2017

Petty Patents Around the World

By: Francesca Giovannini, Shinya Kimura, Han-Mei Tso and Jude Yi Utility models are intellectual property (IP) rights also known in some countries as utility innovations, utility certificates, short-term patents or petty patents. Independently from the specific wording used, a utility model is an exclusive IP right granted in some countries for a technical innovation, generally relating to a product or a device, for a limited period…

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28

Dec 2016

China’s Supreme Court Ruled On “乔丹” (Jordan) Trademark Dispute

By: Han-Mei Tso and Ken J. Yu On December 8, 2016, China’s Supreme Court (“the Supreme Court” hereinafter) ruled on the dispute between the retrial petitioner (the plaintiff in the first instance, the appellant in the second instance), Michael Jeffery Jordan (“Jordan” hereinafter), and the respondent (the defendant in the first instance, the appellee in the second instance), China Trademark Review and Adjudication Board (“the Board”…

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