Shanghai Higher People’s Court Upholds 6-Year Prison Term and 90 Million RMB Fine for Lego Chinese Copyright Infringer

Posted on Categories Case, Copyright

On December 29, 2020, the Shanghai Higher People’s Court  announced the upholding of a criminal conviction for infringing the copyright of Lego toys. The Shanghai Third Intermediate Court had sentenced   9 people to up to 6 years in prison and a 90 million RMB (~$13 million USD) fine.  The group of 9 had sold over 300 million RMB of infringing products under the Lepin (乐拼) brand and had over 30 million RMB of infringing products stored ready for sale.

Beijing Intellectual Property Court Fines Three Litigants for Forging Evidence in Trademark Cases

Posted on Categories Case, Trademarks

On December 21, 2020, the Beijing Intellectual Property Court announced that on December 18, 2020, the  Court ruled in several administrative trademark cases that the trademark registrants forged evidence to prove use in trademark cancellation proceedings. The registrants had provided fake tax invoices to prove use via the sales.  However, the tax invoices didn’t match queries with the National Value-Added Tax Invoice Inspection Platform of the State Administration of Taxation. Accordingly, the Court reversed the earlier rulings based on the …

The China National Intellectual Property Administration Releases Guiding Cases for Administrative Enforcement of Intellectual Property Rights

Posted on Categories Case, Patents, Trademarks

On December 15, 2020, the China National Intellectual Property Administration (CNIPA) released the First Batch of Guiding Cases for Administrative Enforcement of Intellectual Property Rights (第一批知识产权行政执法指导案例).  Administrative enforcement enables rights holders in China to petition administrative agencies to enforce their rights including issuing injunctions, seizing and destroying infringing goods and manufacturing equipment, and imposing fines on infringers.  The First Batch includes 5 guiding cases for administrative enforcement of patents, trademarks, and integrated circuit layout designs.

Chinese Trademark Agency Punished for Forging CNIPA Trademark Documents

Posted on Categories Case, Trademarks

On December 9, 2020, the China National Intellectual Property Administration (CNIPA) released an administrative decision dated December 7, 2020 punishing Shanghai Xuenai Trademark Office (General Partnership) (上海雪耐商标事务所(普通合伙)) and employees for forging official trademark documents.   Xuenai had forged 126 documents defrauding 100 companies and 6 individuals. Apparently, Xuenai would use the fraudulent documents to solicit business by sending the documents to trademark applicants and registrants over WeChat and QQ (Chinese social media apps).