China’s Supreme People’s Court Rules Utility Model Patent Unenforceable if Corresponding Invention Patent Application Fails to Grants

Posted on Categories Case, Patents, Utility Model

In a decision released by the Intellectual Tribunal of China’s Supreme People’s Court (SPC) on July 23, 2021, the SPC explained that a granted utility model patent may be unenforceable when a corresponding invention patent application was rejected during substantive examination.  The plaintiff had filed both utility model and invention patent applications on the same day for the same invention. While the utility model granted, the invention patent application was rejected in substantive examination for lacking novelty and inventiveness.

Tackling Bad Faith Trademark Applications or Registrations in China

Posted on Categories Case, Trademarks

by Yan Zhang, Miao Tian, Austin Chang and Aaron Wininger In order to reduce trademark squatting, the Chinese Trademark Law of China (2019 Version) (“Trademark Law 2019”) introduced an intent to use requirement as well as a good faith requirement. As will be discussed further below, recent Chinese court cases show that the introductions did in fact provide newly effective means to challenge squatters. Overview of the relevant articles in the Trademark Law 2019  The relevant articles of the Trademark …

Shanghai Intellectual Property Court Announces its First GUI Design Patent Infringement Judgment

Posted on Categories Case, Design Patent

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 …

Beijing Intellectual Property Court Affirms Jaguar Land Rover’s Win Against Landwind for Copying Evoque

Posted on Categories Case, Copyright, Unfair Competition

According to a report in China’s IPR Daily, on May 27, 2021, the Beijing Intellectual Property Court affirmed Jaguar Land Rover’s (JLR) win against Landwind (陆风) for unfair competition relating to the Landwind X7, a vehicle that looks remarkably similar to the JLR Evoque. Landwind must issue an apology, pay compensation and cease infringing.   Earlier, JLR successfully invalidated Landwind’s design patent for the X7.  However, JLR failed in its claim for copyright infringement on appeal.