The U.S.-China Economic and Security Review Commission recently released the 2023 Report to Congress. With respect to intellectual property law, the Report’s Chapter 2, Section 1 is entitled “Rule by Law: China’s Increasingly Global Legal Reach” and discusses China recent trend of Chinese courts setting global royalty rates in standard essential patent SEP litigation and the concurrent use of anti-suit injunctions to enforce those rates. The relevant section is reproduced below (minus footnotes). The full report is available here.
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
China’s Supreme People’s Court Releases Typical Cases on Film Intellectual Property Protection
On November 3, 2023, China’s Supreme People’s Court (SPC) released the Typical Cases of Film Intellectual Property Protection by the People’s Courts (人民法院电影知识产权保护典型案例). The SPC stated, “In order to strengthen the publicity of the rule of law in the film field, further stimulate the innovation and creativity of the film industry, and promote the prosperity of socialist culture, the Supreme People’s Court issued typical cases on the protection of film intellectual property rights. Typical cases include both criminal cases and civil …
China’s National Intellectual Property Administration Releases Guidelines on Subject Matter Eligibility of Utility Model Patents
On November 2, 2023, China’s National Intellectual Property Administration released the Guidelines on Subject Matter Eligibility of Utility Model Patents (关于实用新型专利保护客体判断的指引). Utility model patents (UMs) are one of the three types of patents in China, the others being design and invention (similar to U.S. utility patents). UMs do not undergo substantive examination and therefore tend to grant quickly. However, the subject matter of UMs is limited to the “shape, structure or combination of a product that is suitable for practical …
China’s National People’s Congress Releases Translation of Criminal Law Including IP Provisions
China’s National People’s Congress has recently released a translation of China’s Criminal Law, which includes many Intellectual Property provisions. The Criminal Law was most recently amended at 24th Meeting of the Standing Committee of the Thirteenth National People’s Congress on December 26, 2020 and went into force on March 1, 2021. The amendments increase the maximum sentencing term for IP crimes and also add a new article somewhat similar to the US’ Economic Espionage Act potentially in effect if not …