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Trade Secret Litigation Injunction Rulings in China 26 Aug 2013 | 05:24 pm
(By You Yunting) According to media reports (note: the link is in Chinese), Eli Lilly and Company and Eli Lilly (China) sued an employee named Huang in the Shanghai No.1 Intermediate People’s Court. T...
Does Using “Counterfeit Goods” Constitute Trademark Infringement? 23 Aug 2013 | 07:34 am
Abstract: generally, consumers’ acts of purchasing infringing goods are not considered to constitute trademark infringement. However, some limits shall be given by laws and regulations to those that i...
What Legal Problems are GSK Scandal Involved within China’s Criminal Law? 21 Aug 2013 | 08:16 am
(By Zhou Wei) On July 11, 2013, the Ministry of Public Security (the “MPS”) issued a piece of news on its official website that some senior executives of GlaxoSmithKline (China) Co., Ltd (the “GSK”) w...
The Chinese Automotive Industry is a Hotbed for Systematic Vertical Monopoly 20 Aug 2013 | 12:06 pm
Abstract: Current regulations, created by ministries and commissions such as the National Development and Reform Commission (“NDRC”), formulate that automobile distribution should follow the hierarchy...
NDRC should Further Improve the Transparency of Administrative Law Enforcement on Price Monopoly. 18 Aug 2013 | 05:51 am
Abstract: Five Shanghai gold retailers fined for price manipulation because although they were supposed to be competing with each other, the retailers conspired to fix the price, which constitutes as ...
Could Milk Powder Manufacturers Win the Lawsuits Against NDRC’ s Vertical Monopoly Penalty? 15 Aug 2013 | 07:21 am
(By You Yunting) According to Chinese National Development and Reform Commission’s (“NDRC”) announcement, recently NDRC carried out anti-monopoly investigations into milk powder manufacturers and impo...
Can Prior Rights in a Business Name Counterfeit With a Subsequent Trademark Right? 13 Aug 2013 | 03:13 pm
Abstract: trademark holder is not necessarily entitled to prevent others from using its trademark into a business name because operation method needs to be judged. On the contrary, consideration upon ...
Why Johnson & Johnson’s Limitation on Resale Prices Constitute a Monopoly Agreement? 13 Aug 2013 | 08:49 am
(By You Yunting) Yesterday, we posted on our blog an article titled, Why Did the Court Not Rule in Accordance With Article 14 of the Anti Monopoly Law in order to introduce the first legal issue in Jo...
Foreign Enterprises’ Criminal Risk Prevention in China 12 Aug 2013 | 10:08 am
(By Ding Jinkun) Recently, Glaxo SmithKline, UCB and many foreign pharmaceutical giants are being investigated for their involvement in economic crimes. The entire pharmaceutical industry is involved ...
Why Did the Court Not Rule in Accordance With Article 14 of the Anti Monopoly Law? Part II 8 Aug 2013 | 10:24 am
(By You Yunting) August 1, 2013 was the fifth anniversary of the enactment of China’s Anti-Monopoly Law. On the same day, Shanghai Higher People’s Courts handed down the first decision that supported ...
