China’s Supreme People’s Court: Patentee Entitled to Punitive Damages for Breach of Settlement Agreement

Posted on Categories Case, Patents

In a decision highlighted by China’s Supreme People’s Court (SPC) on February 7, 2023, the SPC ruled that a plaintiff patentee was entitled to punitive damages when the defendant sold the infringing product after concluding a settlement agreement in an earlier case to stop infringing. Jin XX sued Baijia Hardware, Electrical, Labor Insurance and Building Materials Business Department  and Zhengzhou Baifa Trading Co., Ltd. for invention patent infringement of CN1131364 for a “Reverse Ground Planer.”  On appeal to the SPC, …

Decathlon Wins Almost 3 Million RMB in Chinese Trade Dress Dispute for Store Design

Posted on Categories Case, Unfair Competition

As reported by 京法网事 , the Shijingshan People’s Court ruled in favor of Decathlon (Shanghai) Sports Goods Co., Ltd. in a trade dress dispute with a competing unnamed outdoor sports store involving store layout, decoration, logos, props, and other decorative elements.  Decathlon was awarded 2.94 million RMB in damages and 350 thousand RMB for expenses, an injunction to eliminate the impact of the unfair competition, and require the defendant to publish a statement in the China Intellectual Property News for …

The Office of the United States Trade Representative Releases 2022 Review of Notorious Markets for Counterfeiting and Piracy Naming 6 Chinese Online Markets

Posted on Categories Trademarks

On January 31, 2023, the Office of the United States Trade Representative (USTR) released the findings of its 2022 Review of Notorious Markets for Counterfeiting and Piracy (the Notorious Markets List).  The Notorious Markets List highlights online and physical markets that reportedly engage in or facilitate substantial trademark counterfeiting or copyright piracy. The List named 6 Chinese online markets including AliExpress, Baidu Wangpan, DHgate, Pinduoduo, Taobao and the WeChat ecosystem.  The List states that while Taobao has made significant improvements, …

China’s Supreme People’s Court & Supreme People’s Procuratorate Release Draft Interpretation of Handling Criminal Cases of Intellectual Property Infringement

Posted on Categories Copyright, New Law, Rule or Implementing Regulation, Trade Secrets, Trademarks

On January 18, 2023 China’s Supreme People’s Court and China’s Supreme People’s Procuratorate released the Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Intellectual Property Infringement (Draft for comments) (关于办理侵犯知识产权刑事案件适用法律若干问题的解释(征求意见稿)).  The Interpretation mainly sets thresholds for determining criminal prosecution, e.g., when there are “serious circumstances” in trademark infringement.  The Interpretation will replace earlier Interpretations including the 2020 Interpretation.