China’s Supreme People’s Court Clarifies IC Layout Design Rights Standing Requirements

Posted on Categories Case

In case no. (2021)最高法知民终1313号, the Intellectual Property Tribunal of the Supreme People’s Court of China, in an announcement dated November 22, 2021, ruled that a plaintiff lacked standing when its integrated circuit layout design right was invalidated despite appealing the invalidation decision to the Beijing Intellectual Property Court. 

4.5-Year Prison Sentence Upheld for Counterfeiting 3M Masks in China

Posted on Categories Case, Trademarks

On November 19, 2021, the Shanghai No. 3 Intermediate People’s Court announced the affirmance of prison sentences for defendants that counterfeiting 3M and Dasheng (大胜) masks.  Seven defendants were sentenced to imprisonment ranging from one year to four years and six months for the crime of counterfeiting registered trademarks, and fines were imposed ranging from RMB 30,000 to RMB 1.2 million (~$188 thousand USD).

Johnson & Johnson Medical Devices Companies Gets Patent Infringement Damages Upped 20X at China’s Supreme People’s Court

Posted on Categories Case, Patents

China’s Supreme People’s Court (SPC) ruled in decision dated November 3, 2021 in favor of Johnson & Johnson Medical Devices Companies’ subsidiary DePuy Synthes in a  patent infringement case upping damages twenty times on appeal. In the court of first instance, Synthes was awarded statutory damages of 1 million RMB for infringement by Double Medical (大博医疗科技股份有限公司) of patent number ZL03827088.9.  On appeal to the SPC, the SPC increased the damages to 20 million RMB based on evidence provided by Synthes, …

China’s Supreme People’s Court Rules Unintentional Short Payment of Annuity Fee Causes Termination of Patent Rights

Posted on Categories Case, Patents

In case no(2021)最高法知行终322号 recently highlighted by China’s Supreme People’s Court on November 2, 2021, the Court ruled that an unintentional short payment of a patent annuity caused termination of the patent.  A patentee received a “Patent Termination Notice” issued by the China National Intellectual Property Administration (CNIPA) and sued CNIPA at the Beijing Intellectual Property Court, claiming that it had paid the annuity of 600 RMB, and the CNIPA nonetheless terminated its patent right. However, the 600 RMB was insufficient …