China’s Supreme People’s Court released the “Interpretation of the Supreme People’s Court on the Application of Punitive Damages in the Trial of Civil Cases of Infringement of Intellectual Property Rights” on March 3, 2021. In order apply the Interpretation consistently and fairly, on March 15, 2021, the Supreme People’s Court released the “Typical cases of applying punitive damages in civil cases of infringement of intellectual property rights” (侵害知识产权民事案件适用惩罚性赔偿典型案例). The Typical Cases contains five trademark infringement cases and one theft of …
Category: Case
China’s Supreme People’s Court Releases 46 Adjudication Rules Based on 55 Example Intellectual Property Cases from 2020
On February 27, 2021, the Intellectual Property Tribunal of China’s Supreme People’s Court released a set of 46 rules based on a selection of 55 example cases from the 2,787 technical intellectual property (IP) cases concluded by the Court in 2020. From these 55 cases, the Tribunal refined them into 46 adjudication rules covering the trial of patent civil cases, the trial of patent administrative cases, the trial of new plant variety cases, trial of trade secret cases, trial of computer …
Fendi Wins at Shanghai High People’s Court in Outlet Reseller Case
On March 4, 2021, the Shanghai High People’s Court announced a ruling in favor of the Italian fashion brand Fendi Co., Ltd., which was established in 1925 and later acquired by LVMH Group. Fendi had sued Pioneer Capital Outlets (Kunshan) Commercial Development Co., Ltd. (首创奥特莱斯（昆山）商业开发有限公司) and Shanghai Yilang International Trade Co., Ltd. (上海益朗国际贸易有限公司) for trademark infringement and unfair competition over the use of the Fendi name on storefronts and marketing material. Despite only reselling authentic Fendi products, the Court found …
The Intellectual Property Tribunal of China’s Supreme People’s Court Released Top 10 Cases of Technical Intellectual Property Rights in 2020
On February 26, 2021, the Intellectual Property Tribunal of the Supreme People’s Court released a list of top 10 cases of technical intellectual property rights for 2020 that the tribunal ruled on. The list covers anti-suit injunctions, trade secret theft, punitive damages, software copyright infringement, utility model infringement, invention patent invalidation, dueling administrative and civil enforcement appeals of patents, integrated circuit layout design infringement, affirmative injunctions and antitrust.