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Covering the legal developments impacting your brands

Skeletons in the cupboard or just leverage on the eve of an IPO

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By Justin Davidson (HK) & Mina Li on September 11, 2026

Every year, the Supreme People’s Procuratorate publishes a number of ‘representative cases’ of malicious intellectual property (IP) litigation, to highlight its efforts to prevent the abusive enforcement of IP rights for improper commercial gain. The cases demonstrate the important role…

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VIP Products v. Jack Daniel’s: Ninth Circuit requires mark-specific proof of fame

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By Jeffrey Hajdin (US) on August 7, 2026

Few squeaky toys have generated as much noise as Bad Spaniels. VIP Products LLC (VIP) v. Jack Daniel’s Properties, Inc. (JDPI) began as a dispute over a dog-poop themed parody of a Jack Daniel’s Tennessee Whiskey bottle. More than a…

The Persistent Myth: Filing IP in China is “Pointless”

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By Justin Davidson (HK), Stanley Ng & Mina Li on July 17, 2026

For many years, businesses questioned the merits of filing intellectual property (IP) rights in China because of concerns of widespread counterfeiting and limited enforcement and practical protections. While those historic concerns were not entirely unfounded, today, the greater risk for…

China’s Major Amendment to Trade Mark Law: Key Changes – Part II

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By Justin Davidson (HK), Stanley Ng & Mina Li on July 10, 2026

In Part I of this series, posted here, we reported on certain amendments to Trade Mark Law of the People’s Republic of China. In this article, we continue outlining some of the other important amendments.

Voluntary cancellations now carry …

China’s Major Amendment to Trade Mark Law: Key Changes – Part I

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By Justin Davidson (HK), Stanley Ng & Mina Li on July 10, 2026

On 26 June 2026, the Standing Committee of the National People’s Congress adopted the fifth amendment to the Trade Mark Law of the People’s Republic of China. The revised law, expected to take effect on 1 January 2027, introduces a…

The UPC keeps pushing the boundaries of European patent litigation

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By Clemens Rübel on July 6, 2026

In Fujifilm v. Kodak, the Court of Appeal confirmed that a single UPC action may, in principle, extend beyond the UPC territory and encompass infringement claims concerning patent rights in jurisdictions such as the UK. While the appeal ultimately…

AI, deepfakes and IP rights

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By George Hairs on June 16, 2026

Can existing IP rights provide protection in relation to deepfake imitations of celebrity voices, catchphrases and appearance?  Here we consider the law from a UK perspective. 

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Sharing isn’t always caring: The High Court clarifies honest concurrent use defence

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By Georgina Hey (AU) & Isobel Taylor (AU) on June 1, 2026

This article was co-authored with Samantha Stone.

On 13 May 2026, the High Court of Australia handed down its unanimous decision in Zip Co Limited & Anor v Firstmac Limited [2026] HCA 16, settling the law on the defence…

CJEU referral: UPC tests the limits of jurisdiction

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By Clemens Rübel & Maximilian Schmitz on May 27, 2026

In a landmark move, the UPC’s Court of Appeal has referred key questions to the CJEU on its international jurisdiction and on liability for patent infringement—specifically concerning product compliance authorised representatives. The outcome could redefine the geographical scope of patent…

From Tribute to Infringement: Moral(rights) lessons from the LELECHA LuXun Case

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By Justin Davidson (HK) & Mina Li on May 19, 2026

On World Book Day in 2024 (April 23), LELECHA, a Mainland China milk tea brand, partnered with Yilin Press to launch a “Smoky Oolong” milk tea as a tribute to the prominent Chinese writer Lu Xun. However, the marketing campaign’s…

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