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New
- China’s institutional reforms and what it means for resolving IP disputes
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Following the launch of the plan, the 14th National People’s Congress of China passed the institutional reform of the State Council. The functions of CNIPA and the SAMR are now coordinated, and the enforcement teams of SAMR maintain the duty to enforce the law for trademarks and patents, under the professional guidance of the CNIPA. But what does this reform mean for dispute resolution, particularly arbitration, in resolving disputes around IP?
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New
- EU’s proposal for a more efficient and future-proof design law
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On 29 November 2022, the European Commission published its long-awaited proposals for a new Directive on the legal protection of designs (hereafter “DDir”) and a new Regulation on Community designs (hereafter “DReg”). The Directive is the instrument used to provide harmonization amongst EU Member States with regard to their national design laws.
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New
- Chinese character trademarks enjoy lowered distinctiveness in EU
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The recent judgement of the General Court of the European Union in Case T‑323/21 Castel Frères v. Shanghai Panati Co. deals with the genuine use of a trade mark and distinctiveness of Chinese character trade marks in the EU. The Court decided that the registration of the contested Chinese character trade mark shall be revoked because its level of distinctiveness is below the average and it had been only used as a decorative element and not as an indication of origin of the goods.
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