Non-Prosecution Agreement Announced in Underwriters Laboratories (UL) Chinese Criminal Copyright Case

Posted on Categories Case, Copyright

On December 13, 2021, the Shanghai Third Branch of the Procuratorate (上海检察三分院) announced  a non-prosecution agreement with a Li XX for uploading Underwriters Laboratories (UL) documents, including standards, to a file sharing site and charging others to download the documents, thereby earning about 14,000 RMB (~$2,200 USD).

Guangdong Higher People’s Court Rules for Tencent in China’s First Game Map Copyright Case

Posted on Categories Case, Copyright

On December 6, 2021, the Guangdong Higher People’s Court publicly announced a ruling in favor of Shenzhen Tencent Computer System Co., Ltd. (深圳市腾讯计算机系统有限公司) in a dispute over copyright infringement and unfair competition relating to maps used in first person shooter games.  The Court ordered the defendants Changyou Yunduan (Beijing) Technology Co., Ltd. (与畅游云端(北京)科技有限公司) and  Hero Entertainment Co., Ltd. (英雄互娱科技股份有限公司) to cease infringement and compensate Tencent for economic losses of 25 million RMB. This is believed to be the first time …

China’s Supreme People’s Court Rules No Accounting for Profit for Joint Patent Ownership

Posted on Categories Case, Patents

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.

China’s Supreme People’s Court Clarifies IC Layout Design Rights Standing Requirements

Posted on Categories Case

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.