IP Tribunal of the Supreme People’s Court Releases Top 10 Influential Cases at 5-Year Anniversary of Founding

Posted on Categories Case, Patents, Trade Secrets

On February 23, 2024, in honor of the firth anniversary of the establishment of the Intellectual Property Tribunal of China’s Supreme People’s Court (IPC), released a list of Top Ten Influential Cases. The Cases cover various technologies and areas of law including trade secret misappropriation, plant variety infringement, patent linkage and invention patent infringement.

China’s Supreme People’s Court Upholds 79 Million RMB Win for Château Lafite Rothschild in Wine Trademark Case

Posted on Categories Case, Trademarks

In a decision dated September 21, 2023 and only just released, China’s Supreme People’s Court (SPC) ruled for Château Lafite Rothschild upholding a judgement of 79.17 million RMB. The plaintiff in the first instance, Château Lafite Rothschild, believed that Golden Hope Company (南京金色希望酒业有限公司), Chateau Lafite Company (南京拉菲庄园酒业有限公司), Huaxia Company (南京华夏葡萄酿酒有限公司), Junteng Company (深圳市骏腾酒业有限公司), Perun Company (杭州佩伦贸易有限公司), Zui Niu Company (北京醉牛酒业有限公司), and Jiu Sheng Company (上海久圣酒类有限公司) used “LAFEI MANOR” and “拉菲庄园” to infringe on its trademark rights  and damage the reputation …

China’s Supreme People’s Court Clarifies Conditions Needed to Prove Patent Infringement Lawsuit Filed in Bad Faith

Posted on Categories Case, Patents

In a decision decided August 10, 2023 and partially published January 9, 2024, the Supreme People’s Court (SPC) clarified when a patent infringement lawsuit is determined to be in bad faith.  The Supreme People’s Court held that the following elements should be satisfied for determining an intellectual property rights action is brought in bad faith: (1) the action brought obviously lacks a right basis or factual basis; (2) the plaintiff is aware of the fact; (3) the action has caused …