China National Intellectual Property Administration to Give Priority to Patent Invalidation Cases Involved in Concurrent Litigation

Posted on Categories Patents

On June 21, 2021, the China National Intellectual Property Administration (CNIPA) issued the Letter of Reply from the CNIPA to Recommendation No. 6494 of the Fourth Session of the Thirteenth National People’s Congress (国家知识产权局对十三届全国人大四次会议第6494号建议答复的函) explaining that CNIPA has a fast track channel for patent invalidation cases involved in patent infringement disputes. Currently,  Chinese courts will usually not suspend a patent infringement case for a concurrent patent invalidation case.

USPTO Threatens Sanctions Against Chinese IP Firm For Providing False Information in Over 8,000 U.S. Trademark Applications

Posted on Categories Trademarks

On June 8, 2021, the United States Patent & Trademark Office issued an Order to Show Cause to Chinese Intellectual Property Law Firm Shenzhen Huanyee Intellectual Property Co., Ltd. with respect to providing false information in over 8,000 U.S. trademark applications. Specifically, the Order alleges Huanyee was “engaging in unauthorized practice before the USPTO in trademark matters, providing false information to the USPTO by means of entering the signatures of thousands of third parties on trademark submissions, and providing false, …

China to Amend Anti-Monopoly (Antitrust) Law

Posted on Categories New Law, Rule or Implementing Regulation

On June 11, 2021, the General Office of the State Council released the Notice of the State Council’s 2021 Legislative Work Plan (国务院2021年度立法工作计划) covering 18 draft laws or draft amendments to existing laws and 28 administrative regulations.  Of potential interest to intellectual property practitioners out of these 46 items is the Draft Amendment to the Anti-Monopoly Law (反垄断法修正草案) to be drafted by the State Administration for Market Regulation (SAMR).  This will be the first update since the law was promulgated …

Beijing Intellectual Property Court Affirms Jaguar Land Rover’s Win Against Landwind for Copying Evoque

Posted on Categories Case, Copyright, Unfair Competition

According to a report in China’s IPR Daily, on May 27, 2021, the Beijing Intellectual Property Court affirmed Jaguar Land Rover’s (JLR) win against Landwind (陆风) for unfair competition relating to the Landwind X7, a vehicle that looks remarkably similar to the JLR Evoque. Landwind must issue an apology, pay compensation and cease infringing.   Earlier, JLR successfully invalidated Landwind’s design patent for the X7.  However, JLR failed in its claim for copyright infringement on appeal.