The Beijing Haidian Court announced on December 23, 2024 that it ruled for Michael Kors against three unnamed defendants. The Court awarded 5 million RMB for trademark infringement of the MK trademark, unfair competition, and reasonable expenses. The Court also awarded an injunction. No appeal was filed rendering the judgement final.
Category: Case
China’s Supreme People’s Court Issues First Anti-Anti-Suit Injunction in Huawei v. Netgear
Following Huawei obtaining two anti-anti-suit injunctions (AASI) against Netgear on December 11, 2024 at the Unified Patent Court’s Munich Local Division and the Munich I Regional Court, China’s Supreme People’s Court also awarded an AASI in favor of Huawei against Netgear in a decision dated December 22, 2024. This is believed to be the first AASI issued by a Chinese court.
Guangdong High People’s Court: Design Protection Remains After Design Patent Expiration
In recent decision (2023)粤民终 4882 号 somewhat analogous to common law trade dress, China’s Guangdong High People’s Court affirmed that a design can still be protected under the Anti-Unfair Competition Law even after a corresponding design patent has expired. The Court held that the design of the Casio GA-110 series watches constitutes a product design with a certain influence that is protected by the Anti-Unfair Competition Law.
Beijing Intellectual Property Court Releases “Analysis of Patent Granting and Confirmation Cases 2014-2024” With 58 Typical Cases
On October 28, 2024, the Beijing Intellectual Property (IP) Court released the “Analysis of Patent Granting and Confirmation Cases 2014-2024” (专利授权确权审判案析(2014-2024)) providing summaries of 58 typical cases of administrative patentability and invalidation. The Beijing IP Court has sole jurisdiction over administrative litigation against the China National Intellectual Property Administration (CNIPA) and has heard over 10,000 administrative patent cases over the past decade. The Analysis includes “20 guiding principles for case analysis… in a bid to enhance the predictability of judicial …