According to information released January 9, 2024 by the Shanghai Pudong Procuratorate (浦东检察 ), three criminal defendants were sentenced to up to 4.5 years in prison with a 5.5 million RMB fine for selling 830,000 pieces of counterfeit Disney clothing with a sales amount was more than 17 million RMB. This follows a previous criminal case in Shanghai for selling counterfeit Disney plush tolls and multiple Customs cases featuring counterfeit Disney products. The Shanghai Disneyland Resort is 57% owned by …
Category: Case
China’s National Intellectual Property Administration Releases Third Batch of Guiding Cases for Administrative Protection of IP
On December 27, 2023, China’s National Intellectual Property Administration (CNIPA) released the Third Batch of Guiding Cases for Administrative Protection of Intellectual Property Rights (关于发布第三批知识产权行政保护指导案例的通知). Under Article 70 of the Patent Law, “the patent administration department under the State Council may, at the request of the patentee or any interested party, deal with patent infringement disputes that have a major impact throughout the country,” thereby providing an alternative adjudication process to the court system. While not a common law jurisdiction, …
China’s Supreme People’s Court Releases the 39th Batch of Guiding Cases Covering Intellectual Property Law
On December 19, 2023, China’s Supreme People’s Court (SPC, currently geoblocked) released the 39th Batch of Guiding Cases (关于发布第39批指导性案例的通知) covering intellectual property law. While China’s legal system is not a common law system, China nonetheless issues guiding cases “for reference when trying similar cases.” This batch of Guiding Cases covers invention patents, utility models, trade secrets and other intellectual property matters.
Chongqing No. 1 Intermediate People’s Court Sets Global FRAND Rate for 5G SEPs at $0.707/Unit in Nokia/OPPO Case
Update: On January 24, 2024, Nokia announced a settlement resolving all pending patent litigation with OPPO. Terms are confidential. In a heavily redacted decision released December 13, 2023, the Chongqing No. 1 Intermediate People’s Court made a first-instance judgment in the case of OPPO v. Nokia’s standard essential patent royalty dispute ((2021)渝01民初1232号). The Court set the global fair, reasonable and non-discriminatory (FRAND) rates for Nokia’s standard essential patents in what is believed to be the first SEP FRAND rates set …