640 Million RMB Awarded in China Trade Secret Case

Posted on Categories Case, Trade Secrets

Update: Per Michael Ma, the plaintiff is Geely Holding Group and the defendant is WM Motor.  Note that WM Motor is reportedly bankrupt so collection is unlikely. In what is believed to be a record high in intellectual property damage awards, and easily exceeding the previous record of 201.54 million RMB in a trade secret case, China’s Supreme People’s Court (SPC) awarded over 640 million RMB in a new energy vehicle trade secret misappropriation case.  In decision (2023)最高法知民终1590号 released June …

China Launches Patent Prosecution Highway (PPH) Pilot with the African Regional Intellectual Property Organization (ARIPO)

Posted on Categories New Law, Rule or Implementing Regulation, Patents

On June 6, 2024, the China National Intellectual Property Administration (CNIPA) announced the launch of China-Africa Patent Prosecution Highway (PPH) with the African Regional Intellectual Property Organization (ARIPO) allowing for accelerated examination of patent applications in one jurisdiction based on work product in the other jurisdiction.  The pilot will start June 8, 2024 and extend for five years to June 7, 2029.

Conviction Under China’s Version of the Economic Espionage Act for Theft of Trade Secrets

Posted on Categories Case, Trade Secrets

On April 26, 2024, the Shanghai Pudong Court released the “Typical cases of intellectual property judicial services provided by the Shanghai Pudong New Area People’s Court to ensure high-quality development of new productivity” (上海市浦东新区人民法院知识产权司法服务保障新质生产力高质量发展典型案例), which included a criminal case involving a newer provision of the Chinese Criminal Law that is somewhat analogous to the U.S. Economic Espionage Act. This is believed to be the first case in Shanghai under this provision and may be related to last year’s police raids …

China Continues Market Distorting Patent Subsidies

Posted on Categories New Law, Rule or Implementing Regulation

Despite China planning to cancel all patent subsidies by 2025, some jurisdictions are still issuing substantive patent subsidies and rewards for domestic and foreign patent grants. Specifically, Haining, near Shanghai, recently released their Implementation Rules for the Management of Special Funds for Intellectual Property Rights in Haining City (海宁市知识产权专项资金管理实施细则公示). Per a 2021 USPTO report on Chinese non-market factors influencing IP trends, China had reportedly adopted more than 70 subnational trademark subsidy measures, including measures for domestic and foreign applications and …