China’s Supreme People’s Court Again Affirms Right to Set Global Licensing Rates for Standard Essential Patents

Posted on Categories Case, Patents

On September 4, 2023, China’s Supreme People Court’s (SPC) affirmed that Chinese courts have jurisdiction over global licensing rates for standard essential patents (SEPs) belonging to InterDigital. In case (2023) 最高法知民辖终282 号, the SPC upheld case (2022)粤73民初195号 where OPPO requested that the Guangzhou Intellectual Property Court rule that the determination of global fair, reasonable, and non-discriminatory (FRAND)  licensing terms for SEPs held by Inter Digital (IDT) are subject to Chinese jurisdiction. This follows similar rulings in OPPO vs. Sharp and …

Belgian Artist Christian Silvain Wins Copyright Suit Against Sichuan Academy of Fine Arts Professor at Beijing IP Court

Posted on Categories Case, Copyright

On August 24, 2023, the Beijing Intellectual Property Court announced a ruling for Belgian artist Christian Silvain against Sichuan Academy of Fine Arts Professor Ye Yongqing. The Court ruled that Ye infringed the copyright of Silvain in his paintings and ordered Ye to pay Silvain 5 million RMB, publish an apology in the Global Times newspaper and cease infringement. This is believed to be the highest damages award in China in a fine-arts case.

China’s National Intellectual Property Administration Releases Typical Cases of Abnormal Patent Applications

Posted on Categories Case

On September 4, 2023, China’s National Intellectual Property Administration (CNIPA) released the Typical Cases of Abnormal Patent Applications (非正常专利申请典型案例).  These Typical Cases “warn irregular patent application actors, and promote the improvement of patent application quality” per CNIPA. As China moves from quantity to quality, China’s National Intellectual Property Administration (CNIPA) has been rejecting patent applications for being irregular or abnormal, including almost 1 million patent applications in 2022. This move from quantity to quality may also be behind the 25% …

4-Year Prison Term and 1.8 Million RMB Fine for Counterfeiting Registered Trademarks of Western Cosmetics in China

Posted on Categories Case, Trademarks

In yet another tough criminal sentence for counterfeiting of registered trademarks, the People’s Court of Hecheng, Hunan, China sentenced He XX to a 4-year prison sentence and 1.8 million RMB fine for counterfeiting registered trademarks of Western cosmetic brands including Dior, Hermes, Lancome, and SK-II.  Since December 2021, He XX purchased, at low prices, perfume, lipstick, face masks and other foreign-branded cosmetics from unknown sources. Without obtaining the permission of the aforesaid registered trademark owner, He XX instructed employees to …