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 …
Category: Case
Supreme People’s Court Upholds China’s First Patent Linkage Ruling – Decision Released
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
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 …
Shanghai Administration for Market Supervision Releases Typical Cases Including Counterfeit Nike and Champion Brand Children’s Clothing
On August 23, 2022, the Shanghai Administration for Market Supervision released a set of typical cases from its Three-Year Action Plan for the Quality and Safety Protection of Children’s and Student Products in Shanghai (2021-2023) (上海市儿童和学生用品质量安全守护三年行动方案（2021—2023年)). The Action Plan has so far yielded 8.1014 million RMB ($1.181 million USD) in fines and the first case of the release involves 7.2 million RMB in counterfeit Champion and Nike children’s clothing.