On June 21, 2021, the Shanghai Intellectual Property Court rendered the first-instance judgment on the Court’s first case of design patent infringement involving a graphical user interface (GUI), holding that the interface of the defendant Shanghai Zecao Co., Ltd.’s allegedly infringing Xiaobao APP for recruiting employees and the Xiaobao social media account was significantly different from the overall visual effect of the patent in question of the plaintiff, Dajiaying Company, and therefore dismissed all claims of the plaintiff. China began …
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
China National Intellectual Property Administration to Give Priority to Patent Invalidation Cases Involved in Concurrent Litigation
On June 21, 2021, the China National Intellectual Property Administration (CNIPA) issued the Letter of Reply from the CNIPA to Recommendation No. 6494 of the Fourth Session of the Thirteenth National People’s Congress (国家知识产权局对十三届全国人大四次会议第6494号建议答复的函) explaining that CNIPA has a fast track channel for patent invalidation cases involved in patent infringement disputes. Currently, Chinese courts will usually not suspend a patent infringement case for a concurrent patent invalidation case.
USPTO Threatens Sanctions Against Chinese IP Firm For Providing False Information in Over 8,000 U.S. Trademark Applications
Update: The USPTO has extended the deadline for Huanyee to respond to July 6, 2021. Once the parties respond to the order, the USPTO will determine whether to proceed with the sanctions identified in the order. The response, if any, may provide additional explanation or evidence that was not available to the USPTO when the initial investigation was made, and therefore, the show cause order should not be read as a final determination. On June 8, 2021, the United States …
China to Amend Anti-Monopoly (Antitrust) Law
On June 11, 2021, the General Office of the State Council released the Notice of the State Council’s 2021 Legislative Work Plan (国务院2021年度立法工作计划) covering 18 draft laws or draft amendments to existing laws and 28 administrative regulations. Of potential interest to intellectual property practitioners out of these 46 items is the Draft Amendment to the Anti-Monopoly Law (反垄断法修正草案) to be drafted by the State Administration for Market Regulation (SAMR). This will be the first update since the law was promulgated …