On March 1, 2022, the Supreme People’s Procuratorate (SPP) held a press conference on the theme of “Strengthening Intellectual Property Procuratorial Services to Guarantee Innovation-Driven Development in the New Era,” (检察机关知识产权综合性司法保护典型案例) releasing 4 typical cases of comprehensive judicial protection of intellectual property rights by procuratorial organs. The four cases cover criminal copyright infringement, trade secret misappropriation, and criminal trademark counterfeiting. Summaries of the 4 cases follow.
Author: Aaron Wininger
China’s IP Tribunal of the Supreme People’s Court Releases Annual Report for 2021
On February 28, 2022, the Intellectual Property Tribunal of the Supreme People’s Court of China released its Annual Report for 2021. The report discloses statistics about Tribunal including average length of case, number of cases per judge, total number of cases heard, etc. The report also references accomplishments of the Tribunal.
European Union Challenges China at the WTO Over Anti-Suit Injunctions Preventing Patent Holders from Asserting Their Rights Outside of China
On February 18, 2022, the European Union (EU) made a Request for Consultations with China over anti-suit injunctions in standard essential patent (SEPs). Chinese courts have issued these injunctions blocking patent holders from enforcing their foreign patent rights outside of China (i.e., in Europe and Japan) with extensive daily fines for violators. The dispute settlement consultations that the EU has requested are the first step in World Trade Organization (WTO) dispute settlement proceedings. If they do not lead to a …
U.S. Trade Representative Names 6 Chinese Online Markets in 2021 Review of Notorious Markets for Counterfeiting and Piracy Up 1 From 2020
On February 17, 2022 the Office of the United States Trade Representative (USTR) released the findings of its 2021 Review of Notorious Markets for Counterfeiting and Piracy (the Notorious Markets List). The Notorious Markets List highlights online and physical markets that reportedly engage in or facilitate substantial trademark counterfeiting or copyright piracy. There is no penalty for being listed but the list has been used to encourage foreign companies and countries to crack down on piracy and counterfeiting. Of the 42 …