640 Million RMB Awarded in China Trade Secret Case

Posted on Categories Case, Trade Secrets

Update: Per Michael Ma, the plaintiff is Geely Holding Group and the defendant is WM Motor.  Note that WM Motor is reportedly bankrupt so collection is unlikely. In what is believed to be a record high in intellectual property damage awards, and easily exceeding the previous record of 201.54 million RMB in a trade secret case, China’s Supreme People’s Court (SPC) awarded over 640 million RMB in a new energy vehicle trade secret misappropriation case.  In decision (2023)最高法知民终1590号 released June …

Conviction Under China’s Version of the Economic Espionage Act for Theft of Trade Secrets

Posted on Categories Case, Trade Secrets

On April 26, 2024, the Shanghai Pudong Court released the “Typical cases of intellectual property judicial services provided by the Shanghai Pudong New Area People’s Court to ensure high-quality development of new productivity” (上海市浦东新区人民法院知识产权司法服务保障新质生产力高质量发展典型案例), which included a criminal case involving a newer provision of the Chinese Criminal Law that is somewhat analogous to the U.S. Economic Espionage Act. This is believed to be the first case in Shanghai under this provision and may be related to last year’s police raids …

China’s State Administration for Market Regulation Releases the Top 10 Typical Cases of Intellectual Property Enforcement in 2023

Posted on Categories Case, Trademarks

On May 10, 2024, China’s State Administration for Market Regulation (SAMR) released the top ten typical cases of intellectual property enforcement in 2023.  Administration enforcement via the SAMR provides an alternative route for IP enforcement in China. While damages are not available, injunctions and significant fines are.  Further, cases can be referred to the procuratorate for criminal prosecution if warranted. Per the SAMR, local bureaus in 2023 “severely cracked down on trademark infringement, counterfeit patents, malicious applications for trademark registration, and …

5-Year Chinese Prison Sentence and 2 Million RMB Fine for Burberry Counterfeiter

Posted on Categories Case, Trademarks

On April 27, 2024, the Shanghai Jingan Procuratorate (静安区检察院) announced the successful prosecution of defendant Gong XX for counterfeiting registered trademarks of Burberry. On February 23, 2024, the Shanghai No. 3 Intermediate People’s Court upheld an earlier judgment sentencing Gong to 5 years in prison and a 2 million RMB fine.  Shanghai seems to be becoming a preferred venue for foreign rights holders for enforcement of criminal IP laws.  This same Court also recently affirmed a 9-year prison sentence for …