On November 30, 2022, the Guangdong Higher People’s Court announced that NetEase was awarded 50 million RMB (over $7 million USD) and an injunction in an unfair competition case against Shenzhen Mini Play Company (深圳迷你玩公司) involving Minecraft and Mini Play’s similar sandbox game Mini World (迷你世界). NetEase has the exclusive right to operate Minecraft in China since 2016. This is believed to be the highest damages award in China for game infringement.
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
China’s State Administration for Market Regulation Releases Draft of Amendments to the Anti-Unfair Competition Law
On November 22, 2022, China’s State Administration for Market Regulation (SAMR) released the Anti-Unfair Competition Law of the People’s Republic of China ( Revised Draft for Comments ) (中华人民共和国反不正当竞争法（修订草案征求意见稿)). The Draft mainly focuses on the digital economy with a new article 4 stating “Operators must not use data and algorithms, technology, capital advantages, and platform rules to engage in unfair competition.” Articles focusing on trade secrets and other areas are also added.
China’s Supreme People’s Court Releases Typical Anti-Unfair Competition Cases of People’s Courts – 2022
On November 17, 2022 the Supreme People’s Court (SPC) of China held a press conference announcing the release of Typical Anti-Unfair Competition Cases of People’s Courts (人民法院反不正当竞争典型案例). Per the SPC, one of the main goal of the release is “strengthen the judicial protection of trade secrets and unify the standards of legal application” as two of the cases involved trade secret misappropriation – one in the pharma space and one in the semiconductor space.
China’s Supreme People’s Court Releases Draft Judicial Interpretation of Anti-Monopoly Civil Procedures for Comment
On November 18, 2022, China’s Supreme People’s Court (SPC) released an announcement soliciting public opinion on on the Draft Judicial Interpretation of Anti-Monopoly Civil Procedures (关于反垄断民事诉讼司法解释稿向社会公开征求意见的公告). The Draft includes an article on reverse payments for generic pharmaceuticals and so may be of interest to foreign pharmaceutical companies facing potential competition from generics on patented pharmaceuticals. The SPC stated it is releasing this draft to “strengthen the anti-monopoly judiciary, to hear monopoly civil dispute cases in a fair and efficient manner …