Intellectual Property, Information Technology & Cybersecurity

Author: Nicola Rochon

Due to the unprecedented restrictions currently in place, the Intellectual Property Office (the IPO) has declared that 24 March 2020, and all subsequent days until further notice, are "interrupted days".

This means all IPO deadlines are currently on hold, including deadlines to renew trade mark registrations. However, we would advise against relying on this temporary extension of deadlines unless it is truly necessary.

Read more: Keeping on Top of Your Trade Marks During Lockdown

Author: Sofia Castillo

On March 26, 2020, the district court for the Southern District of New York issued a landmark ruling in a case closely followed by the film, video game, sports and tattoo industries. Where for several years the only direct precedent on the issue of expressive tattoos in expressive works was limited to early rulings in cases like that involving The Hangover or relegated to settlements, Solid Oak Sketches, LLC v. 2K Games, Inc. firmly resolved all doubt.

Read more: Court Sides With Video Game Producer Over The Use Of Athlete’s Tattoos

In recent years, the Chinese government and the China National Intellectual Property Administration (“CNIPA”) have been promoting enforcement of patent rights through administrative actions.

In a recent notice published by the CNIPA in November 2019, the CNIPA announced the launch of a project to refine the current system of handling administrative complaints relating to patent infringement and to advocate the significance of such mechanism (the “Project”). Under the Project, the CNIPA aims to enhance the following aspects of the current system:-

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Trademark squatting has long been the foremost concern for foreign companies wishing to enter the Chinese market, and the new Chinese Trademark Law efffective from November 2019 has stepped up to combat trademark squatting.

The "first-to-file" trademark system of China grants protection to parties who file the trademark application first and requires no proof of use in order to register. Trademark squatters take advantage of the system and register foreign brands as trademarks in China in the hope of riding on the reputation of the brands or profiting by selling the trademarks back to the rightful owners.

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The PRC Copyright Law is a progressive enactment which provides a full range of protection to copyright and related rights in line with the Berne Convention. The various amendments to the Copyright Law reflect China's determination to respond to the development of information technology and rampant privacy in the country. This article begins with highlighting the proposed amendments to the Copyright Law and follows with a discussion of recent copyright developments in China.

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