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- China's top 25 trademark cases of 2020: TBL Licensing LLC v. Zhongshan Tongye Shoes Co., Ltd. et al.
- This case has clarified how to identify the shape of the goods themselves as special packaging decoration.
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New
- Is Patent Marking the Patent Owner’s Right or Statutory Duty?
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Patent marking statutes in the U.S. and China take completely different stances. In the U.S., patent marking requires an affirmative act of the patentee to mark her products, and failure to comply with patent marking may drastically limit the past damages afforded to the patentee before a litigation on patent infringement had begun. In contrast, patent marking in China only gives the patentee the right, rather than the obligation to mark, whereas the patentee may be entitled to a fully recovery of past damages regardless of whether or not she has done patent marking.
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