On April 21, 2022 China’s Supreme People’s Court (SPC) released the Top 10 IP Cases in Chinese Courts in 2021 (2021年中国法院10大知识产权案件). The cases cover trademark infringement, unfair competition, trade secret misappropriation, antitrust, new plant variety infringement, invention patent infringement, and copyright infringement. Of particular note was Wyeth’s win for trademark infringement that resulted in a significant punitive damages award and a vanillin trade secret misappropriation case that led to one of the highest intellectual property verdicts in China. China also …
Category: Case
China Releases Typical Cases of Intellectual Property Protection by China Customs in 2021
On April 22, 2022, the General Administration of Customs China (GACC) released the Typical Cases of Intellectual Property Protection by China Customs in 2021 (2021年中国海关知识产权保护典型案例) highlighting the seizure of intellectual property infringing goods bound for both import and export. Infringing products targeted both foreign and Chinese companies including Huawei, Johnson & Johnson, automobile manufacturers, Apple, Samsung, Crocs, Disney, Ugg and more.
Beijing Intellectual Property Court Announces China’s First Patent Linkage Judgment
On April 15, 2022, the Beijing Intellectual Property Court ruled that Wenzhou Haihe Pharmaceutical Co., Ltd.’s application for marketing authorization for a generic form of “Aidecalcidol Soft Capsule” did not fall within scope of protection of the relevant patent in China’s first patent linkage court decision. China’s patent linkage system prevents marketing authorization for a generic prior to the expiration of the patent term on the branded equivalent unless the Beijing IP Court or the China National Intellectual Property Administration …
China Releases Typical Cases of Judicial Protection of Personality Rights
On April 11, 2022, China’s Supreme People’s Court (SPC) released the Typical civil cases of judicial protection of personality rights after the promulgation of the Civil Code (民法典颁布后人格权司法保护典型民事案例). Although China is not a common law jurisdiction, the SPC often releases typical or guiding cases to assist trial courts in rendering decisions. The typical cases list 9, of which 3 may be of interest to foreign IP practitioners. Breach of personality rights, like unfair competition, can be a useful cause of …