On the July 21, 2025, the World Trade Organization (WTO) released an Award of the Article 25 of the DSU Arbitrator reversing the European Union’s (EU) loss that challenged China’s Anti-Suit Injunctions (ASIs) for Standard Essential Patents (SEPs). In August 2020, China’s Supreme People’s Court held that Chinese courts can prohibit patent holders from going to a non-Chinese court to enforce their patents by putting in place an “anti-suit injunction”. The Supreme People’s Court also held that violation of the …
Category: Case
China’s Ministry of Public Security Announces the Issuance of “Opinions on Combating Intellectual Property Crimes in Accordance with the Law to Serve High-Quality Development”
On July 16, 2025, China’s Ministry of Public Security (PSB) announced the release of the “Opinions on Combatting Intellectual Property Crimes in Accordance with the Law to Serve High-Quality Development” (关于依法打击知识产权犯罪服务高质量发展的意见) although no copy appears to be publicly available. Simultaneously, the PSB also released “Five Typical Cases of Public Security Organs Combatting Intellectual Property Crimes in Accordance with the Law to Serve High-Quality Development” (公安机关依法打击知识产权犯罪服务高质量发展的5起典型案例) including an economic espionage case involving an unnamed foreign country.
Nintendo Only Awarded 200,000 RMB in Copyright Infringement Case Despite 500,000+ Infringing Game Consoles Sold
On July 8, 2025, the Jiangsu High Court announced a verdict in favor of Nintendo against an unnamed defendant in a copyright infringement case. The defendant sold over 500,000 “Single-Player Red and Blue” retro game consoles priced at 78 RMB with 14 pre-installed infringing games (out of 500 games) and another 10,000+ “Premium Octagonal Gift Box” game consoles priced at 178 RMB with 16 pre-installed infringing games (out of 500 games). The Court award Nintendo 200,000 RMB (about $28,000 USD) …
Supreme People’s Court Fines Patentee for Failure to Report Amendment of Claims During Invalidation to Trial Court
In decision (2023)最高法知民终1295号 released on July 3, 2025, China’s Supreme People’s Court (SPC) held that failure to notify a People’s Court (trial court) of a claim amendment made during an invalidation proceeding is subject to a fine. The SPC also reversed the People’s Court’s judgement of infringement based on the amendments made during the invalidation proceeding. Accordingly, a 100,000 RMB win at the first instance turned into a 150,000 RMB loss at the second instance.