DOMAIN NAME REGISTRATION AND PROTECTION IN CHINA

With the development and usage of World Wide Web, mobile internet and mobile phones, the Chinese E-Commerce market got an enormous growth. According to “Chinese E-Commerce Market Data Monitoring Report 2016”, the E-Commerce transaction amount reached 22.97 trillion RMB in 2016.

For both Chinese and international enterprises, to join this market is a trend but also a necessity. As one of the mainly path for entering E-Commerce market, the meaning of domain name registration is therefore getting more and more important.

Worldwide exist 330 million registered domain names currently. In China is the number in the amount of 50 million. China is becoming the second largest domain name market in the world. This market is interesting for both domain name service providers and enterprises as domain user. The foreign providers need to know the policy and rules for running a domain name business in China. And how to register and protect domain name in China is now an important issue that the enterprises should pay attention to. Continue reading “DOMAIN NAME REGISTRATION AND PROTECTION IN CHINA” »

PROTECTING YOUR IP RIGHTS WITH THE CHINESE ANTI-UNFAIR COMPETITION LAW (AUCL)

Quote

The definition of an unfair competition is given by the article 2 of the PCR Anti-Unfair Competition Law (反不正当竞争法). According to this article, an act of unfair competition is constituted when during production or distribution activities, a business operator disrupts the market competition order or infringes the legal rights and interests of other business operators or consumers.

Some unfair competition acts can be related to intellectual property such as the Article 6 which concerns the copy and imitation of brands and the Article 9 relating to the trade secrets. These articles protect an intellectual property owner from infringing of its IP rights by a competitor. The Anti-Unfair Competition Law has the benefit of protecting unregistered trademark. Continue reading “PROTECTING YOUR IP RIGHTS WITH THE CHINESE ANTI-UNFAIR COMPETITION LAW (AUCL)” »

DIOR: 3D TRADEMARK REGISTRATION CASE

2014 Christian Dior registered its J’adore perfume bottle as a 3D trademark and also an international registered trademark. Following the Madrid Agreement and the Madrid Protocol, Dior applied a territorial extension protection in China through the international bureau of WIPO. The TRAB of the SAIC rejected the application on July 13, 2015 with the reason of lack on distinctiveness. Dior filed a application for review of the refusal, but was also rejected with the same reason. After that, Dior submitted a administrative case to the court against TRAB’s decision, but failed by first and second instance. At last Dior applied for retrial to the Supreme People’s Court. On April 26, 2018 the Supreme People’s Court of China brought in a verdict that Christian Dior won the trial in the administrative dispute with the TRAB about the review of refusal, the TRAB must re-review this trademark application.

Continue reading “DIOR: 3D TRADEMARK REGISTRATION CASE” »

CHINESE INTELLECTUAL PROPERTY INSTITUTIONAL REFORM

In August 2018, China’s State Intellectual Property Office (SIPO) was renamed the National Intellectual Property Administration (CNIPA). It was reorganized under the new government body the State Administration for Market Regulation (SAMR).

SAMR was formed by the incorporation of several and currently separated administrative bodies. The following agencies or functions will be integrated under SAMR:

• the State Administration for Industry and Commerce (SAIC) (to be dismantled);

• the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) (to be dismantled);

• the China Food and Drug Administration (CFDA) (to be dismantled);

• the pricing regulation probe and anti-monopoly enforcement function of the National Development and Reform Commission;

• the anti-monopoly enforcement function against concentration of business operators that was originally undertaken by the Ministry of Commerce; and

• the Office of the Anti-monopoly Committee under the State Council. Continue reading “CHINESE INTELLECTUAL PROPERTY INSTITUTIONAL REFORM” »

Domain Name Registration and Protection in China

matrix-2502958_1920Today’s blog post on domain name registration and protection in China has been kindly shared with us by China IPR SME Helpdesk external expert Daniel Albrecht from Starke Beijing. The article first appeared on the Starke Beijing website. In this article, Mr. Albrecht gives a comprehensive overview of how and why to register and protect internet domain names in China. 

With the development and usage of World Wide Web, mobile internet and mobile phones, the Chinese E-Commerce market got an enormous growth. According to “Chinese E-Commerce Market Data Monitoring Report 2016”, the E-Commerce transaction amount reached 22.97 trillion RMB in 2016.

For both Chinese and international enterprises, to join this market is a trend but also a necessity. As one of the mainly path for entering E-Commerce market, the meaning of domain name registration is therefore getting more and more important.

Worldwide exist 330 million registered domain names currently. In China is the number in the amount of 50 million. China is becoming the second largest domain name market in the world. This market is interesting for both domain name service providers and enterprises as domain user. The foreign providers need to know the policy and rules for running a domain name business in China. And how to register and protect domain name in China is now an important issue that the enterprises should pay attention to.

Chinese government is trying to improve their laws and rules of internet administration service. The Ministry of Industry and Information Technology of the PRC (MIIT) released a new version of the “Measures for the Administration of Domain Names on Internet” on September 1, 2017. These new measures took effect on November 1, 2017. The rules should further promote the foreign investment to come into the Chinese registration market on one hand; on the other hand encourage the user to choose the registrar, which is a in China registered legal person. At the same time the rules accelerate also the development of domain name with Chinese characters. Continue reading “Domain Name Registration and Protection in China” »