Licensing agreements are a popular tool in this endeavor, allowing companies to grant others the right to use their intellectual property in exchange for royalties or other forms of compensation. However, when a licensee strays from the agreed-upon terms, the licensor can face substantial losses due to contract breaches and IP infringements. The fallout from these […]

Parallel Import under China Practice Parallel imports refer to the practice where certain distributors sell products beyond their designated territories. This often involves a distributor in one region marketing products intended for their local market into the distribution areas of other distributors representing the same brand in different regions. Such situations typically arise from disorganized […]

In the late 2024, the Supreme People’s Court of the People’s Republic of China (“SPC”) issued an important ruling in the Retrial procedure of the trademark infringement case involving Nature Republic Co., Ltd (“NR”, the trademark holder of “NATURE REPUBLIC” for aloe vera gel) and Wangdu County Jianglin Cosmetics Sales Department (the defendant “Jianglin”, a […]

In the legal relationship between suppliers and distributors, the term “diversion” often arises as a type of breach. It’s important to understand that diversion is not a formal legal term; instead, it refers to the chaotic distribution of products across different regions, markets, and channels, driven by the interests of various parties, which can lead […]

In recent years, China has made significant strides in safeguarding the rights of trademark holders and fostering fair market competition by enhancing regulations against malicious trademark applications. The 2019 revision of the Trademark Law, along with the introduction of the Several Provisions on Regulating Trademark Application and Registration, has established a strong legal framework to effectively […]