On July 25, 2024, the International Trademark Association (INTA) launches its latest version of the “China Case Law Annual Review”, which expands upon the China Case Law Update session took place at INTA’s 2024 Annual Meeting, featuring in-depth analysis of recent case developments and policy and legislative changes.
The hot-off-the-press publication aims to provides a fresh perspective for brand practitioners in navigating the dynamic landscape of the China trademark law system. It laser-focuses on recent Chinese case decisions highlighting several interesting trends:
• An overly strict approach of absolute grounds examination and intent-to-use requirements;
• The recognition of well-known marks and co-existence agreements, and an expanded protection of prior rights;
• The cross-class protection afforded to geographical indications;
• The misuse of intellectual property;
• Keyword-based advertising; and
• A rigorous application of base calculation in damages awards and the continuous exploration of criminal incidental civil litigation.
Dr. Huang Hui, Partner and Management Committee member of Wanhuida Intellectual Property is one of the founding members of the China Case Law Project Team. He, along with the firm’s Partner and French lawyer Paul Ranjard and Associate Qin Huimin contribute to the compilation of this year’s China Case Law Annual Review.