Publications / Attorney Publications

  • Well-Known Mark Recognitions in China – Part II

    2021-03-01
    Well-Known Mark Recognitions in China – Part II by Yan Zhang, Feifei Bian & Austin Chang Previously, we shared our insights on how to secure well-known mark recognitions in China and its benefits. In the next few articles, we will be sharing cases with analysis on how the courts apply well-known mark recognitions to various facts. 1. “Cisco in Chinese” v. “SIKE and SI KE in Chinese” Foshan...
  • Well-Known Mark Recognitions in China – Part I

    2021-02-01

    Securing well-known mark (WKM) recognitions in China can give a broader protection to brand owners in both administrative and judicial disputes.

  • New Attempt: Regulations for Rapid Handling of Patent Infringement Disputes in the E-Commerce Sector in Beijing (Trial)

    2019-10-14

    E-commerce Law and E-commerce Intellectual Property Protection Forum, which was sponsored by Beijing Municipal Intellectual Property Office and Beijing Higher People’s Court, and hosted by Beijing Intellectual Property Protection Association and the Intellectual Property Protection Alliance of E-Commerce, was successfully held on September 12, 2019 in Beijing.

  • Application of the “Other Unjustified Means” under Article 44 Paragraph 1 of the New Trademark Law

    2018-07-02

    Appointed Translators: Jason WANG / Austin CHANG, Beijing East IP Law Firm
    Author: Baoqing ZANG, Trademark Review and Adjudication Board (TRAB)
    Original Chinese text: China Industry and Commerce Newspaper June 21, 2016

  • Misrepresented Experimental Data Will Kill a Patent

    2018-04-12

    On February 28, the Beijing IP Court (“IP Court”) issued a decision in Qilu Pharmaceutical v. the PRB ((2017)京73行初字No. 5365), which reversed a ruling by the Patent Reexamination Board (“PRB”) that upholds the validity of Patent No. 200910176994.1 (the “’994 patent”) owned by Beijing Sihuan Pharmaceutical (“Sihuan”). The IP Court holds that the inauthentic experimental data presented in the original description result in the failure to satisfy the enablement requirement.

  • Some Essential Aspects of Utility Model Patent in China

    2018-04-09

    China has three types of patents, i.e., invention, utility model, and design. The utility model patent does not have the counterpart in some other jurisdictions such as the USA, so some essential aspects of the utility model patent will be introduced below for better understanding of it.

  • Can a Markush Claim be Split?

    2018-03-30

    On December 20, 2017, in the Patent Reexamination Board of SIPO (PRB) v. Beijing Winsunny Harmony Science & Technology Co., Ltd. ((2016)最高法行再41号), the Supreme Court held that a Markush claim, when drawn to a class of chemical compounds, should be interpreted as a set of Markush elements rather than a set of independent specific compounds. The present case is a petition for retrial filed by the PRB, requesting the Supreme Court to review the second-instance decision made by the Beijing High People’s Court (“High Court”). In reversing the PRB’s decision in the invalidation proceedings instituted by Beijing Winsunny Harmony Science & Technology Co., Ltd. (“Winsunny”), the High Court recognized a Markush claim as claiming a set of parallel technical solutions. 

  • Determining Common Knowledge Under the View of Availability Bias

    2018-03-28

    Abstract: Currently “common knowledge” has become a hot topic in academic research. How to correctly determine common knowledge has become the key to improve the quality of patent examination. This paper introduces the availability bias theory to point out that the common knowledge determining process tends to produce availability bias, give too much weight to the easily conceived technical knowledge, and turn a blind eye to a lot of other information that must be considered, leading to errors in determining common knowledge. In patent examination, the availability of parts, the availability of work methods and the availability of technical problems may lead to the availability bias. In the end, the countermeasures is put forward.

  • Admissibility of Late-filed Experimental Data is the Matter in China

    2018-02-11

    Just at the beginning of this year, the Patent Reexamination Board (PRB) of SIPO issued a decision in a notable patent invalidation trial against Novartis’s patent on Entresto (Sacubitril/Valsartan), holding all the claims of the patent invalid as being obvious.