China’s Patent Office Invalidates Chinese Shoe Design Patent Using the ASICS Stripes Trademark

Posted on Categories Case, Design Patent, Trademarks

As first reported by 汇知杰, the Reexamination and Invalidation Department of the China National Intellectual Property Office (PRB) has invalidated a Chinese design patent for an athletic shoe that uses ASICS Corporation’s  trademarked stripes logo.  Competitor Qiaodan Sports Co. Ltd. (notorious for using Michael Jordan’s Chinese name as their company name and in trademarks, etc.) filed design patent application 201430367626.7 on September 29, 2014, which was granted on April 8, 2015.  ASICS filed a petition to invalidate the patent on …

China’s Supreme People’s Court Releases Draft Opinions on Increasing Sanctions for Intellectual Property Infringement

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

The Supreme People’s Court of the People’s Republic of China released the “Opinions on Increasing Sanctions for Intellectual Property Infringement (Draft for Comment)” “关于加大知识产权侵权行为制裁力度的意见(征求意见稿)” in mid-June for comment.  The draft opinions confirm the primacy of permanent injunctions and potentially increases the amount of monetary damages typically awarded.  The opinions also cover strengthening evidence preservation and increasing criminal enforcement of the intellectual property laws.

China’s Shanghai Pudong Court Sentences Dyson Trademark Counterfeiters to Prison

Posted on Categories Case, Trademarks

The People’s Court of Shanghai Pudong announced on July 28, 2020 guilty verdicts for the crime of counterfeiting registered trademarks for four defendants: Fang, Xie, Yang, and Huang.  The four are the principal offenders and key defendants of a series of counterfeiting cases of Dyson hair dryers. The court sentenced the principal offender Fang to six years imprisonment and fined him RMB 5 million (~$712,200 USD) for the crime of counterfeiting registered trademarks. The Court also sentenced the principal offender …

China’s Supreme People’s Court Releases Draft Provisions of Evidence in Intellectual Property Litigation

Posted on Categories New Law, Rule or Implementing Regulation

In mid-June, the Supreme People’s Court released a draft of Certain Rules of Evidence in Intellectual Property Litigation (关于知识产权民事诉讼证据的若干规定(征求意见稿)) for comment.  The draft contains 53 articles covering evidence production by the litigants; investigation, collection and preservation of evidence; exchange of evidence and cross examination; and verification and affirmation of evidence.