Bad faith trade marks issues have “gotten worse” since China’s law changes

According to a study Yang and her team did, the top sectors include fashion, hotels/restaurants, food and beverages and technology, with the fashion industry seeing the worst. According to Yao Bingbing, chief judge of the Nanjing IP tribunal, the courts when assessing damages consider the well-known level of the trade mark and the level of severity of the infringement, including whether there was bad faith. According to Yang Boyong, chief judge of civil adjudication tribunal No.3 (IPR division) at the Beijing Higher People’s Court, the Beijing courts are seeing unprecedented volumes of cases but resources have not increased at the courts.