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.
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 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 …
Forbidden: China Geo-Blocking Americans from Accessing Supreme People’s Court Website and Published Decisions
Update: A hearty thank you to China for making these sites accessible as of November 20, 2022! Update 2: The SPC website is again geoblocked as of September 2023. Recently, China has started geo-blocking Americans and other foreigners from accessing the Supreme People’s Court (SPC) website and China Judgements Online. Attempting to access these sites leads to a 403 Forbidden error message with “reason:GeoBL.” However, the more-limited English version of the SPC’s website remains available, making it appear not to …
China’s Supreme People’s Court Releases List of Typical Antitrust (Anti-Monopoly) Cases of People’s Courts
On November 17, 2022 the Supreme People’s Court of China (no link provided as China is currently geoblocking the SPC website) held a press conference to announce the release of of people’s courts’ anti-monopoly and anti-unfair competition typical cases. The release is to “strengthen anti-monopoly and anti-unfair competition judging.” Of the antitrust (anti-monopoly) cases, two are directly related to intellectual property and are summarized here including one an AstraZeneca reverse payment case. The anti-unfair competition cases will be summarized in a separate article.