Trademark law and the criteria of distinctiveness

Legal Briefing

Introduction The traditional way of assessing distinctiveness is strictly focused on the specific national market in which the trademark and product occur, so that a trademark may very well be distinctive in a given market and not distinctive in another. In this article, we challenge this traditional approach and investigate more closely if specific circumstances …

The Application of Injunction in IP Litigation Cases in China

Legal Briefing

There is a continuously rising number of IP litigation cases in China in the past five years. For example, the number of civil, administrative and criminal IP cases newly filed before the courts in 2018 reached 334,951, according to the Annual Report on the Judicial Protection of Intellectual Property Rights of Chinese Courts (2018), which …