On June 21, 2021, the Shanghai Intellectual Property Court rendered the first-instance judgment on the Court’s first case of design patent infringement involving a graphical user interface (GUI), holding that the interface of the defendant Shanghai Zecao Co., Ltd.’s allegedly infringing Xiaobao APP for recruiting employees and the Xiaobao social media account was significantly different from the overall visual effect of the patent in question of the plaintiff, Dajiaying Company, and therefore dismissed all claims of the plaintiff. China began …
Category: Case
Beijing Intellectual Property Court Affirms Jaguar Land Rover’s Win Against Landwind for Copying Evoque
According to a report in China’s IPR Daily, on May 27, 2021, the Beijing Intellectual Property Court affirmed Jaguar Land Rover’s (JLR) win against Landwind (陆风) for unfair competition relating to the Landwind X7, a vehicle that looks remarkably similar to the JLR Evoque. Landwind must issue an apology, pay compensation and cease infringing. Earlier, JLR successfully invalidated Landwind’s design patent for the X7. However, JLR failed in its claim for copyright infringement on appeal.
China’s Supreme People’s Court Releases Top 10 Intellectual Property Cases in Chinese Courts in 2020
In follow up to the earlier release of the Top 10 Technical Intellectual Property (IP) Cases of 2020, the Supreme People’s Court of China has released the broader Top 10 Intellectual Property Cases in 2020 (2020年中国法院10大知识产权案件简介) on April 22, 2021. This list, in addition to technical IP cases, includes non-technical IP cases such as a Red Bull trademark case; a Lego criminal copyright case; as well as the Xiaoi patent invalidation case, which later led to a $1.4 billion USD …
China’s National Intellectual Property Administration Releases Top 10 Cases of Administrative Trademark Adjudication
On April 26, 2021, China’s National Intellectual Property Administration (CNIPA) released released the Top Ten Cases of Administrative Trademark Adjudication (2020年度商标行政保护十大典型案例). Administrative adjudication in China is an alternative to conventional civil litigation and can be quicker and less expensive than litigation. That said, generally only fines and injunctions are issued in administrative enforcement actions. Those seeking damages should file a litigation at a People’s Court instead or in addition.