Cases-AFD China

[Court Case] Probative Force in Civil Cases of Evidence Generated during the Administrative Enforcement is Not Affected by the Administrative Decision

2024-01-02

The Supreme People's Court recently concluded a case of infringement of new plant varieties through counterfeit seeds. This case involves, where an administrative penalty decision related to the production and operation of counterfeit seeds had been revoked through an effe... >> More
[Court Case] Continuing to Use the Patented Method after the Expiration of the Provisional Protection Period Constitutes Patent Infringement

2024-01-02

The Supreme People's Court recently concluded a case involving a method patent infringement dispute after the provisional protection period has expired. The court clarified the standards for determining method patent infringement and the legal application issues such as th... >> More
[Court Case] The “one variety, one name” rule for plant varieties

2024-01-02

The Supreme People's Court recently concluded an appeal case involving an infringement dispute over new plant variety rights where the party claimed "one variety, multiple names". The Supreme Court in the second-instance judgment in this case held that for the same variety... >> More
[Court Case] Determination of repeated prosecution when intellectual property infringement lawsuit and technical secret infringement lawsuit are both filed

2024-01-02

The Supreme People's Court recently made a final ruling on a dispute over infringement of technical secrets, revoked the first-instance court's ruling to dismiss the prosecution on the grounds of repeated prosecution, and ordered the first-instance court to try the case. T... >> More
[Court Case] Plaintiff’s claim for compensation for reasonable expenses in a declaratory judgment action for patent non-infringement is not supported

2024-01-02

The Supreme People's Court made a final judgment on a declaratory judgment action for patent non-infringement between the appellant, a Nanjing company, and the appellee, a Wuxi company, and determined that in the declaratory judgment action for patent non-infringement, it ... >> More
Secrecy Review (Foreign Filing License) in China

2022-05-27

China’s Secrecy Review (Foreign Filing License) is very important and should be at the top on the checklist of foreign filing for an invention made in China. Failing to meet such requirement will cause the corresponding Chinese patent application rejected or patent invalidated. >> More
AFD Case Study – Strategy on Providing Use Evidence against Three Year Non-use Registration Cancellation

2022-04-19

Article 49(2) of the Trademark Law of China provides that where a registered trademark has not been used for an uninterrupted period of three years without justified reasons, any entity or individual may request the Trademark Office to cancel the registered trademark (here... >> More
AFD Case Study – Proper Application of Articles 4 & 7 of Trademark Law in Opposition Proceedings

2022-01-12

According to the Trademark Law of China, the main legal bases for right holders to file a trademark opposition include Article 15 (agent-client relationship, other business relationships), Article 30 (prior registration), Article 31 (prior application), and Article 32 (pri... >> More
AFD Case Study – Helping Client Obtain Trademark Registration by Successfully Requesting and Winning Retrial Case at Supreme Court

2021-10-12

How can a right holder defend their legitimate rights when their trademark that has been used in the Chinese market for many years and has gained high popularity is preemptively applied for registration in China by others >> More
AFD Case Study - Application of Article 30 of the Trademark Law

2021-06-25

PrefaceExamination on trademark similarity is an important part of trademark examination. If a trademark applicant deliberately makes a slight alteration to a registered trademark of others and then applies for registration of the altered trademark, such altered trademark ... >> More

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