On December 29, 2024, China’s State Administration for Market Regulation (SMAR) released Seven Typical Cases of Unfair Competition on the Internet (七起网络不正当竞争典型案例). In May 2024, the State Administration for Market Regulation formulated and issued the Interim Provisions on Anti-Unfair Competition in the Internet and accordingly the SAMR released these cases to “effectively guide business entities to operate in accordance with the law, continue to regulate their own business behavior, and jointly create a good competitive environment.” Two of the seven …
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
China Releases the Sixth Five-Year Reform Outline of the People’s Courts (2024-2028) – Punitive Compensation for IP to be Improved
On December 25, 2024, China’s Supreme People’s Court released the Sixth Five-Year Reform Outline of the People’s Courts (2024-2028) (人民法院第六个五年改革纲要(2024—2028年)). Besides acknowledging the need to “continue to be guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era” and “thoroughly implement Xi Jinping’s Thought on the Rule of Law,” etc. the Plan also makes references to improving intellectual property litigation.
Michael Kors Scores 5 Million RMB Damages in Beijing Trademark and Unfair Competition Case
The Beijing Haidian Court announced on December 23, 2024 that it ruled for Michael Kors against three unnamed defendants. The Court awarded 5 million RMB for trademark infringement of the MK trademark, unfair competition, and reasonable expenses. The Court also awarded an injunction. No appeal was filed rendering the judgement final.
CNIPA Releases Draft Amendment to the Regulations on the Protection of Integrated Circuit Layout Designs for Comment
On December 26, 2024, China’s National Intellectual Property Administration (CNIPA) released the Draft Amendment to the Regulations on the Protection of Integrated Circuit (IC) Layout Designs for comment (集成电路布图设计保护条例修改草案(征求意见稿)). IC Layout Designs are somewhat analogous to design patents or copyrights but specifically for ICs and are not examined substantively. Some highlights of the Draft include: Foreigners must use a Chinese patent agency (Article 5) Good faith requirement (Article 9) Restoration of rights (Article 11) Remuneration for creators required (Article 17) …