12 May 2021
Case Spotlight
China Customs Published Typical Cases of Intellectual Property Protection in 2020
中国海关发布2020年知识产权保护典型案例
Date: 2021-04-26
Recently, China Customs published the 2020 typical cases of intellectual property protection, which are as follows:
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Hangzhou Customs case on the seizure of infringing exported drugs through market procurement channels;
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Xiamen Customs series of cases of infringing exported sanitary products;
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Qingdao Customs case on the seizure of infringing pullovers through the entry and exit channels of the bonded zone;
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Shanghai Customs case on the seizure of infringing titanium dioxide through the strengthening of administrative and criminal enforcement channels;
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Chongqing Customs case on the application to protect the patent right of the motorcycle;
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Ningbo Customs case on the seizure of infringing exported plaster and actively serving enterprises to safeguard their rights;
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Nanjing, Zhengzhou, Hefei and Nanchang Customs series of cases on the seizure of infringing goods;
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Beijing and Fuzhou Customs series of cases on the seizure of infringing goods on key routes;
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Tianjin, Gongbei and Lanzhou Customs series of cases on the investigation and issue of infringing goods, protecting the independent innovation of domestic enterprises;
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Guangzhou, Shenzhen and Huangpu Customs series of cases on the crack down on export transshipped infringing goods.
Source: https://www.sohu.com/a/463080742_162522
Arbitration is also the preferred method of dispute resolution for cases involving China because foreign judgments are not enforceable there. While the Chinese courts are an option – and despite the substantial improvement in the Chinese IP litigation system – many parties prefer to arbitrate dispute rather than litigate.
The COVID-19 pandemic has seen intense cooperation efforts in the pharmaceutical and life sciences areas as well as significant leaps in the development and use of technology, all of which may in the longer term lead to disputes over the scope and terms of the cooperation agreements and rights to inventions and other developments.
Rouse’s Global Head of Dispute Resolution, Doug Clark, will talk about how he sees the future of IP dispute resolution in Asia, focussing on China, as well as the various options for arbitration IP disputes in Asia. In doing so he will discuss key issues that have arisen in recent arbitration disputes he has handled both as an arbitrator and as counsel.