New Intellectual Property Law Developments in China

By | July 21, 2016
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Last week we brought up the subject of intellectual property in China and how new legal cases are bringing light to the realities of Chinese Law. This week, a Chinese Intellectual Property Court in Guangzhou ruled favorably for an international clothing and accessory company, Christian Louboutin. The company claimed to have been copied by regional competitor Guangzhou Wentan Trading Co., Ltd. Specifically, the case was over the likeness of lipstick packaging. Christian Louboutin stated that the likeness of packaging infringes on their patent of the product and sought justice through the Chinese legal system. The court ruled favorably for the plaintiff, Christian Louboutin, issuing a preliminary injunction. This ruling is significant as it marks the first injunction made by the court since its establishment in 2014. This type of patent recognition could very well be the next step in China’s patent law crack down.

Now what does that mean for businesses internationally? The Wall street journal has recently written a good article on how stricter patent law in China is good for business virtually everywhere. China still has a long way to go if we are comparing them to international standards. China has been known for decades as the world hub for cheap knock-off brands designed to only look like expensive brands and models. But, with these new cases with Apple, Christian Louboutin, and many others springing up all over China, a new president is unfolding in China and could prove to be a sweeping movement in patent law. Then again, this all could be a fluke.BT-AJ948_CPATEN_16U_20160719175706

Overall, the development of patent law in China is good for business, and over the past few months we have seen this type of law develop. Hopefully the future of Chinese patent law will be balanced enough to inspire the innovative spirit of China.

http://www.wsj.com/articles/stronger-chinese-patent-laws-also-help-u-s-companies-1468994404

http://www.thefashionlaw.com/home/christian-louboutin

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