China’s National Intellectual Property Administration Releases Detailed Explanation of Intellectual Property Administrative Law Enforcement Guiding Case VII for Trademark Exhaustion

Posted on Categories Case, Trademarks, Unfair Competition

On March 29, 2022, the China National Intellectual Property Administration (CNIPA) released the second batch of intellectual property administrative law enforcement law enforcement Guiding Cases (Guiding Cases No. 6-8) (第二批知识产权行政执法指导案例). This batch of cases has general guiding significance for the identification and punishment of repeated patent infringement, how to reuse recycled beer bottles in compliance with intellectual property laws and regulations, and the judicial confirmation of the administrative mediation agreement for patent infringement disputes. In order to facilitate the correct understanding …

China’s National Intellectual Property Administration Announces Record 2.49 Million RMB Fine Against Patent Firm for Unauthorized Practice of Law and Filing Abnormal Patent Applications

Posted on Categories Case, Patents

On June 8, 2022, China’s National Intellectual Property Administration (CNIPA) announced a record 2.49 million RMB (~$372 thousand USD) fine against a Zhejiang-based patent firm for practicing patent law without a license and filing abnormal (irregular) patent applications.  The fine is part of the “Blue Sky” program to crack down on problems in the patent industry.  The previously reported highest fine was 1.04 million RMB.

China’s Supreme People’s Procuratorate & Ministry of Public Security Jointly Issue Typical Cases Involving Obstructing Epidemic Prevention Including Two Trademark Cases

Posted on Categories Case, Trademarks

On June 5, 2022, China’s Supreme People’s Procuratorate and the Ministry of Public Security jointly issued the Typical Cases of Punishing the Crime of Obstructing the Prevention and Control of the Epidemic in Accordance With the Law (依法惩治妨害疫情防控保障犯罪典型案例).  Worryingly, two of the cases involved counterfeiting trademarks for medical products including protective clothing and COVID tests.  No mention was made if any of the counterfeits were exported.

Shijiazhuang Market Supervision Bureau Fines Trademark Agency 50,000 RMB for Attempting to Trademark Olympic Gold Medalist’s Social Media Account

Posted on Categories Case, Trademarks

On May 18, 2022, the Shijiazhuang Yuhua District Market Supervision Administration issued an Administrative Penalty Decision against a Shijiazhuang trademark agency for attempting to trademark the name of Eileen Gu’s Douyin account (TikTok’s sister app in China). Eileen Gu won three medals in the Beijing Winter Olympics earlier this year and has become extremely popular in China.