On Monday May 19th, 2025, the INTA China Case Law Update, titled “Navigating the Case Precedents: Exploring the Interplay between Law Amendment and Real-life Practice”, is held during the 147th annual meeting of the International Trademark Association.
The session takes a bird’s-eye view of milestone cases, ranging from prosecution to litigation, and cutting across bad-faith filing, imposed sanctions, and injunctive relief. It aims to provide insider analysis and to help practitioners navigate the complex legal, regulatory, and strategic challenges of the dynamic China trademark system, amid the long-drawn-out law amendment drafting and the consultation process.
Dr. HUANG Hui, Partner and Management Committee Member of Wanhuida Intellectual Property shares insights with his fellow panelists, dissecting recent Chinese case decisions highlighting several interesting trends:
• An overly strict approach of absolute grounds examination and intent-to-use requirements.
• The drastic measures against bad-faith filings lead up to increased use requirements in non-use cancellation, equally alarming to infringers and legitimate brand owners.
• New offshoots in the expanded use of unfair competition grounds to capture the anti-competitive behaviors arising out of digital era and internet, and others.
• A more refined methodology of base calculation in damages awards and the actionable strategy for effective enforcement.
Dr. HUANG Hui
The 2025 China Case Law Annual Review is also launched at the session.
Panelists presenting the 2025 China Case Law Annual Review
