Shanghai Intellectual Property Court: Continued Trademark Infringement After Notice Can Lead to Punitive Damages

Posted on Categories Case, Trademarks, Unfair Competition

The Shanghai Intellectual Property Court affirmed a lower court’s judgement awarding Huayi Brothers (华谊兄弟公司)  punitive damages for trademark infringement since the defendant, Huayi Cinema Era (某时代华谊影城), continued infringing after being put on notice via a cease and desist letter.  The Shanghai IP Court also affirmed an injunction and a requirement for Huayi Cinema Era to change its name.

Christian Louboutin Wins at Beijing IP Court in Red Sole Unfair Competition Case

Posted on Categories Case, Trademarks

On September 9, 2022, the Beijing IP Court announced it had ruled in favor of Christian Louboutin against Guangdong Wanlima Industrial Co., Ltd. (广东万里马实业股份有限公司) in an unfair competition case involving red soled shoes. Louboutin was awarded 5 million RMB and an injunction. Louboutin sued at the Beijing Intellectual Property Court claiming Wanlima was selling women’s shoes with the same red sole online and in department stores thereby violating the Anti-Unfair Competition Law.  Anti-Unfair Competition suits are becoming a valuable enforcement …

Supreme People’s Court Upholds China’s First Patent Linkage Ruling – Decision Released

Posted on Categories Case, Patents

On August 28, 2022, 知识产权那点事 published the first patent linkage decision from the Supreme People’s Court (SPC). The SPC upheld the Beijing IP Court ruling that Wenzhou Haihe Pharmaceutical Co., Ltd.’s application for marketing authorization for a generic form of “Aidecalcidol Soft Capsule” did not fall within scope of protection of the relevant patent. China’s patent linkage system prevents marketing authorization for a generic prior to the expiration of the patent term on the branded equivalent unless the Beijing IP Court or …

Police Raids Crack Two Cases Valued at More than 110 Million RMB in Counterfeit e-Cigarettes in Hezhou, China

Posted on Categories Case, Trademarks

Illustrating criminal IP Laws can be a good enforcement mechanism in China, an August 15, 2022 post by Hezhou Radio and Television stated that on May 25, 2022, the Pinggui Branch of Hezhou Public Security Bureau cracked a case of counterfeiting trademarked electronic cigarettes. Eight people were arrested on the spot, and more than 30,000 electronic cigarettes, nearly 200,000 cartons, and nearly 200 barrels of raw materials were seized. The production equipment such as soldering machines, oil filling machines, testing …