On September 14, 2023, the Supreme People’s Procuratorate (SPP) released the 48th batch of guiding cases (关于印发最高人民检察院 第四十八批指导性案例的通知). This batch include 4 cases (Prosecution Cases No. 191-194) with the theme of “Comprehensive Procuratorial Protection of Intellectual Property Rights.” The cases yielded significant prison sentences for copyright infringement and false copyright litigation.
Category: Case
China’s Supreme People’s Court Releases 2023 People’s Courts Typical Anti-Monopoly and Anti-Unfair Competition Cases
On September 14, 2023, China’s Supreme People’s Court (SPC) released the 2023 People’s Courts Typical Anti-Monopoly and Anti-Unfair Competition Cases (2023年人民法院反垄断和反不正当竞争典型案例) in conjunction with the 2023 China Fair Competition Policy Publicity Week. A total of 10 typical cases were released this time, including 5 typical anti-monopoly cases and 5 typical anti-unfair competition cases. A translation of the IP-related case case summaries from the SPC follows.
China’s Supreme People’s Court Again Affirms Right to Set Global Licensing Rates for Standard Essential Patents
On September 4, 2023, China’s Supreme People Court’s (SPC) affirmed that Chinese courts have jurisdiction over global licensing rates for standard essential patents (SEPs) belonging to InterDigital. In case (2023) 最高法知民辖终282 号, the SPC upheld case (2022)粤73民初195号 where OPPO requested that the Guangzhou Intellectual Property Court rule that the determination of global fair, reasonable, and non-discriminatory (FRAND) licensing terms for SEPs held by Inter Digital (IDT) are subject to Chinese jurisdiction. This follows similar rulings in OPPO vs. Sharp and …
Belgian Artist Christian Silvain Wins Copyright Suit Against Sichuan Academy of Fine Arts Professor at Beijing IP Court
On August 24, 2023, the Beijing Intellectual Property Court announced a ruling for Belgian artist Christian Silvain against Sichuan Academy of Fine Arts Professor Ye Yongqing. The Court ruled that Ye infringed the copyright of Silvain in his paintings and ordered Ye to pay Silvain 5 million RMB, publish an apology in the Global Times newspaper and cease infringement. This is believed to be the highest damages award in China in a fine-arts case.