Bad Faith and the Coronavirus—China National Intellectual Property Administration (CNIPA) Takes Action

Recorded On: 05/04/2020

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Join us for this webcast as our speakers discuss recent cases of bad faith filing of COVID-19-related marks in China and the orders and sentences issued in response, including the significant penalties set by China’s State Administration for Market Regulation.

In addition to the recent Supreme People’s Court decisions on bad faith filings and the registration of trademarks and company names, our speakers will discuss whether these cases may signal the beginning of a new approach by the Court to bad faith filings.

Xianjie Ding

King & Wood Mallesons (China)

Mr. Xianjie Ding is an experienced Chinese trademark and patent attorney. He has been practicing in intellectual property field for over 30 years. He helps his domestic and international clients manage their patent and trademark portfolio and advise on IP protection strategy. His expertise includes trademark and patent prosecution, domain name dispute resolution, IP due diligence, IP audit, IP licensing and acquisition. 

Mr. Ding joined King & Wood Mallesons in 2010. He is a member of International Trademark Association and has served in its multiple professional committees. He was the ex-chair of the Editorial Board of the INTA China Bulletin, and current chair of Digital Asia Subcommittee of Internet Committee. He is also counsel to Shanghai Pudong Intellectual Property Protection Association, vice-chair of Trademark Agency Committee of Shanghai Trademark Association, and member of All China Patent Agent Association.

He Fang

King & Wood Mallesons (China)

Mr. He Fang specializes in intellectual property litigation. He is a senior IP litigator and co-leads the IP litigation group in the KWM Shanghai Office.

Mr. He Fang has a solid theoretical foundation and rich practical experience in the field of intellectual property. He has substantial China litigation and enforcement experience, as well as significant advocacy experience in the PRC Courts. His achievements include working on a series of landmark IP cases, such as the first declaration for non-infringement of trade marks in China (‘The Peter Rabbit’ case), and the first preliminary injunction award for design patent in Zhejiang Province (‘The Hansgrohe’ case). 

He is particularly strong in the areas of trade mark, trade dress and copyright, having successfully advocated for a number of clients in several high profile and award winning cases (including a series of the Top IP Cases in China as judged by the Supreme People’s Court). Among which, Mr. He Fang acted for Shanghai M&G Stationery Inc. in winning an industrial design infringement dispute. The judgment is a significant reference for determining the similarity of industrial designs of daily items. It was named by the Supreme People’s Court to the lists of “2016 Top 10 IP Cases in Chinese Court System”, and “20 Typical Cases of 2016” tried by the Shanghai IP Court.His successful advocate in the first declaration for non-infringement dispute heard by the Supreme Court also set a benchmark for the industry.

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