On May 10, 2024, China’s State Administration for Market Regulation (SAMR) released the top ten typical cases of intellectual property enforcement in 2023. Administration enforcement via the SAMR provides an alternative route for IP enforcement in China. While damages are not available, injunctions and significant fines are. Further, cases can be referred to the procuratorate for criminal prosecution if warranted. Per the SAMR, local bureaus in 2023 “severely cracked down on trademark infringement, counterfeit patents, malicious applications for trademark registration, and …
Category: Case
5-Year Chinese Prison Sentence and 2 Million RMB Fine for Burberry Counterfeiter
On April 27, 2024, the Shanghai Jingan Procuratorate (静安区检察院) announced the successful prosecution of defendant Gong XX for counterfeiting registered trademarks of Burberry. On February 23, 2024, the Shanghai No. 3 Intermediate People’s Court upheld an earlier judgment sentencing Gong to 5 years in prison and a 2 million RMB fine. Shanghai seems to be becoming a preferred venue for foreign rights holders for enforcement of criminal IP laws. This same Court also recently affirmed a 9-year prison sentence for …
9-Year Prison Sentence and 600 Million RMB Fine for Criminal Copyright Infringement of Lego Sets
On April 22, 2024, the Shanghai No. 3 Intermediate People’s Court affirmed the Shanghai Huangpu District People’s Court earlier ruling against principal defendants Long XX Company, Chen XX and Chen YY in a case of criminal copyright infringement of Lego sets. The Court sentenced Long XX Company to a fine of RMB 600 million RMB; sentenced the principal defendant Chen XX to nine years in prison and a fine of RMB 20 million RMB; sentenced the principal defendant Chen YY …
China’s National Intellectual Property Administration Releases Typical Cases of Administrative Enforcement – Trademark
On April 26, 2024, China’s National Intellectual Property Administration (CNIPA) released the 2023 Typical Cases of Administrative Enforcement (2023年度知识产权行政保护典型案例). The 30 cases covers patents, trademarks and geographical indications. Administrative enforcement in China provides an alternative to enforcement through the court system and can be faster and less expensive than going to trial. However, while damages are unavailable defendants can be fined. Note though fines can be quite high as the 12 million RMB fine in the first case below indicates.