China’s State Administration for Market Regulation Releases Interim Provisions on Anti-Unfair Competition on the Internet

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

On May 6, 2024, China’s State Administration for Market Regulation (SAMR) announced the Interim Provisions on Anti-Unfair Competition (AUCL) on the Internet (网络反不正当竞争暂行规定) effective September 1, 2024.  The AUCL has been an effective tool for foreigners to enforce their unregistered trademarks in China. The new Provisions clarify how the AUCL applies to the Internet.  The Provisions not only cover data scraping (that may affect collecting training date for generative AI) and fabricated reviews, but also covers more traditional intellectual property …

China’s State Council Releases 2024 Legislative Work Plan

Posted on Categories New Law, Rule or Implementing Regulation

On May 9, 2024, China’s General Office of the State Council issued the State Council 2024 Legislative Work Plan (国务院2024年度立法工作计划). The Plan mentions 21 legal bills to be submitted to the Standing Committee of the National People’s Congress for review, 30 administrative regulations to be formulated and revised, and other legislative projects to be completed.

5-Year Chinese Prison Sentence and 2 Million RMB Fine for Burberry Counterfeiter

Posted on Categories Case, Trademarks

On April 27, 2024, the Shanghai Jingan Procuratorate (静安区检察院) announced the successful prosecution of defendant Gong XX for counterfeiting registered trademarks of Burberry. On February 23, 2024, the Shanghai No. 3 Intermediate People’s Court upheld an earlier judgment sentencing Gong to 5 years in prison and a 2 million RMB fine.  Shanghai seems to be becoming a preferred venue for foreign rights holders for enforcement of criminal IP laws.  This same Court also recently affirmed a 9-year prison sentence for …

China’s Supreme People’s Court Releases Working Procedures for the Construction and Operation of the People’s Court Case Database

Posted on Categories New Law, Rule or Implementing Regulation

On May 7, 2024, China’s Supreme People’s Court (SPC) released the Working Procedures for the Construction and Operation of the People’s Court Case Database (人民法院案例库建设运行工作规程). While China is not a common law country, the SPC stated that judges must search the database and rule in alignment with similar cases in the database to avoid different rulings in cases having the same facts.  The Working Procedures explain how cases are added to the database and how judges should use the database …