In decision no. （2020）最高法知民终954号 dated November 25, 2021, China’s Supreme People’s Court ruled that if the co-owners of a patent or patent application right do not make an agreement on the exercise of the right and one of the co-owners independently practices the patent, the other co-owner cannot claim the distribution of the proceeds from the separate practicing of the patent on the grounds of co-ownership of the patent right.
Category: Case
China’s Supreme People’s Court Clarifies IC Layout Design Rights Standing Requirements
In case no. （2021）最高法知民终1313号, the Intellectual Property Tribunal of the Supreme People’s Court of China, in an announcement dated November 22, 2021, ruled that a plaintiff lacked standing when its integrated circuit layout design right was invalidated despite appealing the invalidation decision to the Beijing Intellectual Property Court.
4.5-Year Prison Sentence Upheld for Counterfeiting 3M Masks in China
On November 19, 2021, the Shanghai No. 3 Intermediate People’s Court announced the affirmance of prison sentences for defendants that counterfeiting 3M and Dasheng (大胜) masks. Seven defendants were sentenced to imprisonment ranging from one year to four years and six months for the crime of counterfeiting registered trademarks, and fines were imposed ranging from RMB 30,000 to RMB 1.2 million (~$188 thousand USD).
Johnson & Johnson Medical Devices Companies Gets Patent Infringement Damages Upped 20X at China’s Supreme People’s Court
China’s Supreme People’s Court (SPC) ruled in decision dated November 3, 2021 in favor of Johnson & Johnson Medical Devices Companies’ subsidiary DePuy Synthes in a patent infringement case upping damages twenty times on appeal. In the court of first instance, Synthes was awarded statutory damages of 1 million RMB for infringement by Double Medical (大博医疗科技股份有限公司) of patent number ZL03827088.9. On appeal to the SPC, the SPC increased the damages to 20 million RMB based on evidence provided by Synthes, …