Intellectual Property Newsletter by MeritsIP, August 19, 2025

Intellectual Property Newsletter by MeritsIP, August 19, 2025

August 19, 2025 global, meritsip 0 Comments

Editor’s Note: Intellectual Property Highlights and Strategies for Innovation

Welcome to the MeritsIP Newsletter. We delve into critical updates in the intellectual property landscape, providing insights and strategies to help you navigate the ever-evolving world of patents, trademarks, and copyrights. Read on to stay informed and ahead in the game of innovation.

Will Setting Others’ Registered Trademarks as Search Keywords Constitute Infringement? Experts Analyze the Infringement Judgment of Implicit Use of Search Keywords

The article explores whether setting others’ registered trademarks as search keywords amounts to infringement. The 2025 revised Anti – Unfair Competition Law states that using others’ trademarks as search keywords and causing public confusion is unfair competition.

Infringement determination hinges on whether it causes confusion and misrecognition. A trademark links an identifier to the quality or goodwill of goods or services. If using others’ trademarks as search keywords doesn’t involve the same or similar goods and services and doesn’t confuse consumers, it can’t be simply deemed infringement. In implicit use, especially with “advertisement” signs, there’s usually no confusion and it offers more choices for consumers.

Regarding legal application, the relationship between the general and typed clauses of the Anti – Unfair Competition Law is “connotation and extension”. “Confusion and misrecognition” encompasses all elements of the general clause. For typed clauses with partial elements, the general clause should be combined for evaluation. For novel behaviors not covered by typed clauses, the general clause should be used for a full review.

Trademark Renewal: Key Considerations

This article offers an overview of trademark renewal in China. A registered trademark has a 10 – year validity. To continue using it after expiration, the owner must legally renew it. As per Article 40 of China’s Trademark Law, renewal should be done within 12 months before expiration, with a 6 – month grace period if missed. Each renewal extends validity for another 10 years from the day after the previous expiration, and the CNIPA will announce renewed trademarks.

Renewal can be processed online via the Trademark Online Service System or at specified locations. Required documents include the renewal application, ID copies, and a power of attorney if using an agency. Foreign – language documents need a Chinese translation.

The CNIPA will send a payment notice to eligible applicants. Non – payment of fees leads to application rejection. Renewal fees are charged by category, and a late – fee applies for applications during the grace period.

How Does Luoshan, Henan, Activate the Economy of the Old Revolutionary Base Area with the “One Town, One Park” Model of Intellectual Property?

In Luoshan County, a revolutionary base in Henan, the local Party committee and government seized the chance of the national pilot project for a strong intellectual property county. They explored building the Dabie Mountain Intellectual Property Town and the Guishan Lake Intellectual Property Park to revitalize the economy.

Under department guidance, Luoshan renovated idle resources for the “one town, one park” pattern. It built exhibition halls and a training center, creating an “intellectual property + cultural and tourism innovation” model. Intellectual property elements were added to public spaces.

For services, an incubation center, operation centers, and a protection workstation were set up. It was approved as an information service outlet and attracted enterprises.

A multi – dimensional protection system was established, mediating 239 pre – litigation cases. Patent transfer activities were carried out, and significant pledge financing was achieved through a government – bank – enterprise platform.

In the future, Luoshan will promote patent transfer, strengthen brand cultivation, and upgrade traditional enterprises for economic leap – forward development.

Chinese Faces in the IAM 2025 List of the World’s Leading 300 IP Strategists

Recently, the well – known foreign intellectual property media IAM released the “IAM Strategy 300: The World’s Leading IP Strategist 2025” list. It aims to select global experts with outstanding contributions to IP value creation, strategic planning, and commercial application. Candidates are rigorously screened through industry research, third – party recommendations, and comprehensive evaluation by the IAM editorial team.

A total of 61 IP practitioners from Chinese mainland enterprises and law firms (including Chinese offices of foreign entities) made the list. 21 are from enterprises and 40 from law firms or agencies. The article lists the English names, affiliated units, and positions of the winners in alphabetical order.

2025 H1 Patent Authorization Rate at 77.02%, 10 Agencies with Over 90% Authorization Rate | List Attached

This news reports on the patent pre – examination situation of the Fujian Intellectual Property Protection Center in H1 2025. In H1 2025, the center registered 514 enterprises/institutions and 145 agencies. It received 3297 pre – examination cases from 1117 registered entities, accepted 3248 cases (up 46.44%), and 3023 cases passed pre – examination to enter CNIPA’s fast – track review, with a pass rate of 93.07% (up 74.74%). The authorization rate was 77.02% (up 48.87%). The average pre – examination case closure cycle was 4.53 working days, and the average authorization cycles for invention, utility model, and design patents were 72.8, 19.5, and 9.7 days respectively.

In pre – examination filing, Xiamen, Fuzhou, and Quanzhou had the most registered entities. Most new registrants were private and high – tech enterprises. Among registered agencies, 40 provincial and 183 non – provincial ones were on the precise service list.

Most applications were for invention patents. The pre – examination acceptance rate was 98.51%, and the qualification rate was 93.07%. Lack of novelty and inventiveness were the main reasons for pre – examination failure. Ten agencies had an invention patent authorization rate over 90%.

In H1 2025, the center issued 87 notices to standardize pre – examination behavior, and the non – acceptance rate was 0.82%. In the future, it will focus on improving application quality, strengthening filing management, and optimizing classification for better service.

Jiangsu High Court Orders 2.8 Million Yuan in Damages: French Baby Brand BEABA Wins Rights Protection Case

The Jiangsu High – Court upheld a lower – court decision. Shanghai Jieqiao Industrial Co., Ltd. and Shanghai Aiduo Baby Products Co., Ltd. were ordered to pay 2.8 million yuan to French baby brand BEABA for trademark infringement and unfair competition. The court ruled that although the accused diapers and BEABA’s registered trademarks for products like baby bottles were in different categories, they were similar goods due to overlapping consumer groups and sales channels. Using similar logos on diapers, Jieqiao and Aiduo caused consumer confusion, infringing on BEABA’s trademarks. “BEABA” was a registered trademark and a well – known business name. Jieqiao and Aiduo’s acts of using the same logo and copying promotional content were unfair competition. As affiliated companies, they collaborated in the infringement, forming an illegal chain and were jointly and severally liable. The compensation amount was determined considering BEABA’s brand awareness, high sales of infringing products, long – term infringement, wide – spread distribution, and BEABA’s legal and notarization fees. The first – instance court set the compensation at 2.8 million yuan, and the second – instance court upheld it.

Overseas Intellectual Property Salotto, Issue 10: Successful Offline Salon on “Current Situation and Practice of Japanese Invention Patents”

On August 14, 2025, the tenth public – welfare event in the “Overseas IP · Nanshan Escort” series, an offline salon on “Current Situation and Practice of Japanese Invention Patents”, was held at the Nanshan Intellectual Property Protection Center in Shenzhen. Co – hosted by multiple institutions and undertaken by the Guangdong Overseas Intellectual Property Protection Promotion Association, it invited Dr. Xing Yuchen to give a thematic sharing. Dr. Xing introduced Japanese patents from three aspects and provided corresponding solutions with examples. Enterprise representatives actively interacted. The event was practical, helping enterprises improve their abilities in Japanese patent applications and international IP layout. In the future, the Nanshan District Innovation and Development Promotion Center will continue to assist local enterprises in overseas IP, and also offers services like enterprise commercial secret management pilot programs and more.

[Professional Knowledge] Dutch Patent Invalidation System

The Dutch patent invalidation system is highly efficient and internationally – oriented, having a strategic role under the UPC system. It has a dual – path system for European and Dutch national patents. The legal framework includes the Dutch Patent Law, EPC, and UPC Agreement. There are three main invalidation routes: The Hague’s judicial procedure (12 – 18 – month cycle), EPO opposition procedure (for EP patents within 9 months after authorization), and UPC. Invalidation reasons are based on relevant laws. Key features involve language flexibility, fast court procedures, etc. The cycle varies, and there’s an appeal mechanism. Practical strategies depend on patent types. In the UPC era, The Hague will focus on certain patent cases, and UPC unified jurisdiction impacts invalidation lawsuits.

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