On July 16, 2024, China’s Supreme People’s Court (SPC) announced the first case of behavioral preservation (preliminary injunction) in a patent infringement case since the “Decision of the Supreme People’s Court on Amending the Provisions of the Supreme People’s Court on Several Issues Concerning the Intellectual Property Court” came into effect on November 1, 2023. On June 3, 2024, an unnamed Suzhou company applied to a local intermediate court for pre-litigation preservation, requesting an order that a Beijing company (believed …
Category: Case
China’s Supreme People’s Court Releases Two Recent Patent-Related Typical Anti-Monopoly Cases
On June 24, 2024, China’s Supreme People’s Court (SPC) released five recent typical anti-monopoly cases, two of which relate to patents. The SPC stated that the cases were released so that Courts can “correctly apply the revised Anti-Monopoly Law and accurately understand the new judicial interpretation of anti-monopoly civil litigation issued today, fairly and efficiently hear monopoly cases, ensure the correct implementation of the Anti-Monopoly Law, and maintain fair competition in the market.”
640 Million RMB Awarded in China Trade Secret Case
Update: Per Michael Ma, the plaintiff is Geely Holding Group and the defendant is WM Motor. Note that WM Motor is reportedly bankrupt so collection is unlikely. In what is believed to be a record high in intellectual property damage awards, and easily exceeding the previous record of 201.54 million RMB in a trade secret case, China’s Supreme People’s Court (SPC) awarded over 640 million RMB in a new energy vehicle trade secret misappropriation case. In decision （2023）最高法知民终1590号 released June …
Conviction Under China’s Version of the Economic Espionage Act for Theft of Trade Secrets
On April 26, 2024, the Shanghai Pudong Court released the “Typical cases of intellectual property judicial services provided by the Shanghai Pudong New Area People’s Court to ensure high-quality development of new productivity” (上海市浦东新区人民法院知识产权司法服务保障新质生产力高质量发展典型案例), which included a criminal case involving a newer provision of the Chinese Criminal Law that is somewhat analogous to the U.S. Economic Espionage Act. This is believed to be the first case in Shanghai under this provision and may be related to last year’s police raids …