In what some might consider a breach of several countries’ sovereignty, on August 19, 2021, the Intellectual Property Tribunal of the Supreme People’s Court affirmed a lower court ruling setting global licensing rates for standard essential patents (SEPs) including in the U.S., Germany and Japan. The Supreme People’s Court ruled in Sharp Corporation v. OPPO et al. in (2020) 最高法知民辖终517 号 that in SEP licensing disputes, Chinese courts can adjudicate royalty rates worldwide based on 1. whether the parties are …
Category: Case
Elite Model Look Wins Trademark Victory in Shanghai
On August 26, 2021, the Shanghai Intellectual Property Court announced a ruling on appeal in favor of Elite Licensing Company SA in a trademark infringement case. Elite is the owner and licensor of trademarks including and. Xingkong Fashion Culture Communication (Shanghai) Co., Ltd. and Chongqing Xingyuan Culture Media Co., Ltd. held “elite model” competitions in 2016 and 2017, which infringed Elite’s trademarks. The Court of first instance issued an injunction and damages of 3.5 million RMB and expenses 122,302 RMB …
Suspended Prison Sentence in Shanghai for Criminal Trademark Infringement For Repackaging of Authentic Ferrero Rocher Chocolates
On August 19, 2021, the Shanghai Third Intermediate Court released a ruling on Weibo holding that the repackaging of authentic Ferrero Rocher chocolates that included printing of Ferrero Rocher labels without authorization is criminal trademark infringement. The defendant Liu procured high-count boxes of chocolates with low unit prices (e.g., 96 count) and repackaged the chocolates into smaller count boxes having higher unit prices (e.g., 8 count). While the chocolates themselves were authentic, Liu hired others to manufacture Ferrero Rocher packaging …
China’s Supreme People’s Court: Declaratory Judgement Actions Involving Invalidated Patents are Possible
In a recent decision highlighted by the Intellectual Property Tribunal of the Supreme People’s Court, the Court ruled that even though a patent was invalidated by the China National Intellectual Property Administration (CNIPA), it was still possible to file a declaratory judgement action to confirm non-infringement of the invalidated patent. Specifically, the Court held “that the invalidation decision of a patent does not become legally effective as soon as it is made, and that the decision is only effective when …