On August 19, 2021, the Shanghai Third Intermediate Court released a ruling on Weibo holding that the repackaging of authentic Ferrero Rocher chocolates that included printing of Ferrero Rocher labels without authorization is criminal trademark infringement. The defendant Liu procured high-count boxes of chocolates with low unit prices (e.g., 96 count) and repackaged the chocolates into smaller count boxes having higher unit prices (e.g., 8 count). While the chocolates themselves were authentic, Liu hired others to manufacture Ferrero Rocher packaging …
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
District in Guangzhou, China Proposes 2.5 Million RMB Housing Subsidy to Attract Intellectual Property Professionals
On August 17, 2021, the People’s Government of Huangpu District, Guangzhou, China issued an announcement on soliciting opinions on the “Administrative Measures for Intellectual Property Special Funds in Guangzhou High-tech Zone, Guangzhou Development Zone, Huangpu District, Guangzhou (Draft for Solicitation of Comments)” (广州市黄埔区 广州开发区 广州高新区知识产权专项资金管理办法（征求意见稿)). The draft Measures offer a 2.5 Million RMB (~$384 thousand USD) housing subsidy to 100 intellectual property professionals that relocate to the Huangpu District in Guangzhou, China.
China’s Supreme People’s Court: Declaratory Judgement Actions Involving Invalidated Patents are Possible
In a recent decision highlighted by the Intellectual Property Tribunal of the Supreme People’s Court, the Court ruled that even though a patent was invalidated by the China National Intellectual Property Administration (CNIPA), it was still possible to file a declaratory judgement action to confirm non-infringement of the invalidated patent. Specifically, the Court held “that the invalidation decision of a patent does not become legally effective as soon as it is made, and that the decision is only effective when …
China Releases Draft Patent Examination Guidelines for Comment
On August 3, 2021, the China National Intellectual Property Administration (CNIPA) release the Draft Revised Patent Examination Guidelines (Draft for Solicitation of Comments) (专利审查指南修改草案（征求意见稿）). The draft Guidelines update CNIPA’s current Guidelines based on the newly amended patent law that went into effect June 1, 2021. Discussion of some of the highlights potentially relevant to foreign applicants follows.