On December 19, 2023, China’s Supreme People’s Court (SPC, currently geoblocked) released the 39th Batch of Guiding Cases (关于发布第39批指导性案例的通知) covering intellectual property law. While China’s legal system is not a common law system, China nonetheless issues guiding cases “for reference when trying similar cases.” This batch of Guiding Cases covers invention patents, utility models, trade secrets and other intellectual property matters.
Category: Case
Chongqing No. 1 Intermediate People’s Court Sets Global FRAND Rate for 5G SEPs at $0.707/Unit in Nokia/OPPO Case
Update: On January 24, 2024, Nokia announced a settlement resolving all pending patent litigation with OPPO. Terms are confidential. In a heavily redacted decision released December 13, 2023, the Chongqing No. 1 Intermediate People’s Court made a first-instance judgment in the case of OPPO v. Nokia’s standard essential patent royalty dispute ((2021)渝01民初1232号). The Court set the global fair, reasonable and non-discriminatory (FRAND) rates for Nokia’s standard essential patents in what is believed to be the first SEP FRAND rates set …
China Releases Second Batch – Part II- of Warning Cases in ‘Blue Sky’ Special Rectification Program of the Patent Agent Industry
On December 11, 2023, China’s National Intellectual Property Administration (CNIPA) released the Second Batch, Part II, of Warning Cases for the “Blue Sky” special rectification action in the intellectual property agency industry (第二批知识产权代理行业“蓝天”专项整治行动警示案例发布（二）). CNIPA released Part I on December 9, 2023. CNIPA has been cracking down on both trademark and patent agencies that violate laws and regulations including unauthorized practice of law, filing of irregular (fake) patent applications, bribery, etc. So far, more than 7,400 patent and trademark agencies have …
China Releases Second Batch of Warning Cases in ‘Blue Sky’ Special Rectification Program of the Patent Agent Industry
On December 9, 2023, China’s National Intellectual Property Administration (CNIPA) released the second batch of warning cases for the “Blue Sky” special rectification action in the intellectual property agency industry (第二批知识产权代理行业“蓝天”专项整治行动警示案例发布). CNIPA has been cracking down on both trademark and patent agencies that violate laws and regulations including unauthorized practice of law, filing of irregular (fake) patent applications, bribery, etc. So far, more than 7,400 patent and trademark agencies have been interviewed, more than 4,500 have been ordered to make …