On November 17, 2022 the Supreme People’s Court (SPC) of China held a press conference announcing the release of Typical Anti-Unfair Competition Cases of People’s Courts (人民法院反不正当竞争典型案例). Per the SPC, one of the main goal of the release is “strengthen the judicial protection of trade secrets and unify the standards of legal application” as two of the cases involved trade secret misappropriation – one in the pharma space and one in the semiconductor space.
On November 17, 2022 the Supreme People’s Court of China (no link provided as China is currently geoblocking the SPC website) held a press conference to announce the release of of people’s courts’ anti-monopoly and anti-unfair competition typical cases. The release is to “strengthen anti-monopoly and anti-unfair competition judging.” Of the antitrust (anti-monopoly) cases, two are directly related to intellectual property and are summarized here including one an AstraZeneca reverse payment case. The anti-unfair competition cases will be summarized in a separate article.
Per a securities filing by InventisBio Co (益方生物科技（上海）股份有限公司) on November 16, 2022, Mirati Therapeutics sued InventisBio for 99 Million RMB (~$14 million USD) in a trade secret misappropriation case. Mirati requested an injunction, damages, and confirmation of ownership of certain patents and applications in a filing with the Shanghai Intellectual Property Court that was received by InventisBio on November 14, 2022. This case highlights the increased attention recently paid to trade secret misappropriation in China including a 60 million RMB …
In an announcement from the Shanghai High People’s Court on November 3, 2022, the People’s Court of Chongming District, Shanghai Municipality sentenced defendant Ding to imprisonment of five years for the crime of counterfeiting a registered trademark and imposed a fine of 1.5 million RMB (~$209 thousand USD). Ding had sold 58,813 counterfeit watches bearing the Emporio Armani trademark having a value of 9,153,683 RMB (~$1.27 million USD).