On December 6, 2021, the Guangdong Higher People’s Court publicly announced a ruling in favor of Shenzhen Tencent Computer System Co., Ltd. (深圳市腾讯计算机系统有限公司) in a dispute over copyright infringement and unfair competition relating to maps used in first person shooter games. The Court ordered the defendants Changyou Yunduan (Beijing) Technology Co., Ltd. (与畅游云端（北京）科技有限公司) and Hero Entertainment Co., Ltd. (英雄互娱科技股份有限公司) to cease infringement and compensate Tencent for economic losses of 25 million RMB. This is believed to be the first time …
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 Rules No Accounting for Profit for Joint Patent Ownership
In decision no. （2020）最高法知民终954号 dated November 25, 2021, China’s Supreme People’s Court ruled that if the co-owners of a patent or patent application right do not make an agreement on the exercise of the right and one of the co-owners independently practices the patent, the other co-owner cannot claim the distribution of the proceeds from the separate practicing of the patent on the grounds of co-ownership of the patent right.
China’s National Intellectual Property Administration Releases English Language Guidelines on Trademark Protection and Enforcement
On November 30, 2021, the China National Intellectual Property Administration (CNIPA) released the English-language Guidelines for the Legal Protection and Enforcement of Chinese Trademarks. The Guidelines “introduce China’s trademark protection system in detail, covering the entire process of registration application, review, opposition, infringement and relief, and provides online search, online application, and trademark protection strategies.”
Chinese Patent Office Announces Record 1.04 Million RMB Fine for Unauthorized Practice of Patent Law
On November 29, 2021, the Chinese National Intellectual Property Administration (CNIPA) announced a record fine of 1.04 million RMB (~$163 thousand USD) against a Sichuan entity for engaging in the patent agency business without authorization. Per CNIPA, “The amount of fines and forfeiture is the most for an unqualified patent agency violation case that has been investigated and punished.”