In case no. (2021）最高法知行终93号 recently highlighted by the Supreme People’s Court (SPC) of China in their WeChat account, the SPC held that in administrative litigation against the China National Intellectual Property Administration (CNIPA) for a patent invalidation decision the lower court can consider new evidence introduced by the patentee. However, petitioners seeking invalidation generally cannot submit new evidence during litigation.
Category: Case
Shanghai No. 3 Intermediate People’s Court Affirms Prison Sentence in 61 Million RMB Cartier Counterfeit Case
On January 24, 2022, the Shanghai Third Intermediate People’s Court (上海第三中院) announced the affirmation of a lower court’s ruling sentencing co-defendant Wu XX to two years, two months in prison for counterfeiting trademarks of Cartier and generating illegal revenue of more than 61 million RMB (~$9.6 million USD).
Guest Post: TACKLING BAD FAITH TRADEMARK APPLICATIONS OR REGISTRATIONS IN CHINA – PART III
This is the third guest post in a 4-part series regarding defeating bad faith marks in China from Beijing East IP authors Yan Zhang, Miao Tian, & Austin Chang. Previously, we shared our insights on the application of bad faith clause with exemplary cases. This time, we are going to share cases to show how we identify the bad faith and how we present the evidence to convince the CNIPA and the courts to achieve favorable outcomes! Devil lies in the details …
Non-Prosecution Agreement Announced in Underwriters Laboratories (UL) Chinese Criminal Copyright Case
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).