On December 29, 2020, the Shanghai Higher People’s Court announced the upholding of a criminal conviction for infringing the copyright of Lego toys. The Shanghai Third Intermediate Court had sentenced 9 people to up to 6 years in prison and a 90 million RMB (~$13 million USD) fine. The group of 9 had sold over 300 million RMB of infringing products under the Lepin (乐拼) brand and had over 30 million RMB of infringing products stored ready for sale.
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
China’s National People’s Congress Passes Amended Criminal Law Adding an Economic Espionage Article and Increasing Prison Time for Intellectual Property Crimes
On December 26, 2020, the Twenty-Fourth Meeting of the Standing Committee of the 13th National People’s Congress of China voted to pass the “Amendment to the Criminal Law of the People’s Republic of China (11)” (中华人民共和国刑法修正案（十一）), which will go into effect on March 1, 2021. The Criminal Law includes several articles for intellectual property crime and the amendments increase the maximum sentencing term. The amendments also add a new article somewhat similar to the US’ Economic Espionage Act potentially in …
China to Establish Fourth Intellectual Property Court at Hainan Free Trade Port
On December 26, 2020, China’s National People’s Congress (NPC) approved the formation of an Intellectual Property Court at the Hainan Free Trade Port per the “Decision of the Standing Committee of the National People’s Congress on the Establishment of the Hainan Free Trade Port Intellectual Property Court” (全国人民代表大会常务委员会关于设立海南自由贸易港知识产权法院的决定). This will be China’s fourth intellectual property court. The decision goes into effect January 1, 2021.
China to Allow Foreign Patent Firms to Open in 3-Year Pilot Program
On December 25, 2020, the China National Intellectual Property Administration (CNIPA) announced (国知办函运字〔2020〕1154号) a 3-year pilot program to allow foreign patent firms to open up representative offices in Beijing and Jiangsu province. This is somewhat similar to what is already permitted for foreign law firms.