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CNIPA Supreme People's Court of China

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Influence of the Determination of Technical Problem Actually Solved on the Determination of Technical Teaching | Case on...

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The technical problem actually solved by an invention should be determined based on distinguishing technical feature of the claims as compared with the most-related prior art and the technical effect can be known by a person...more

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The Similarity of Foreign Language Trademarks should be Judged Based on the Common Understanding of the Relevant Public in China |...

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The basic function of a trademark is to enable consumers to identify goods and their source. When the disputed trademark is a foreign language sign, the people's court shall, based on the common understanding of the relevant...more

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The Time Node for Judging Whether the Prior Right Exists is the Date of Approval for Registration at the Latest | “象球” (Xiang Qiu...

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When applying for a trademark, the trademark owner shall not prejudice the prior rights of others, and shall fulfill the obligation of reasonable avoidance. However, considering that the trademark right has not been acquired...more

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Method for Reviewing Prior Design Defense in Determination of Infringement on Design Patent | Tire Design Patent Infringement Case

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In the event that the design of an allegedly infringing product is not identical to a prior design, in order to reach a correct determination on design patent infringement, a comprehensive judgment should be based on...more

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Estoppel Doctrine in China's Patent System

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In China, we indeed have estoppel doctrine, but it is not provided in the Patent Law. However, in the Judicial Interpretations of the Supreme People's Court (SPC) about hearing the patent infringement litigation, the estoppel...more

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Hit by the lawsuit against WIPO domain name dispute decision in China? Respond actively! (UPDATED)

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For domain name disputes, applying to WIPO Arbitration and Mediation Center for arbitration is a way that many foreign right holders are willing to choose because of its fast speed and low cost. If the respondent is a Chinese...more

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