China’s Supreme People’s Court & Supreme People’s Procuratorate Release Draft Interpretation of Handling Criminal Cases of Intellectual Property Infringement

Posted on Categories Copyright, New Law, Rule or Implementing Regulation, Trade Secrets, Trademarks

On January 18, 2023 China’s Supreme People’s Court and China’s Supreme People’s Procuratorate released the Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Intellectual Property Infringement (Draft for comments) (关于办理侵犯知识产权刑事案件适用法律若干问题的解释(征求意见稿)).  The Interpretation mainly sets thresholds for determining criminal prosecution, e.g., when there are “serious circumstances” in trademark infringement.  The Interpretation will replace earlier Interpretations including the 2020 Interpretation.

Shanghai Pudong Court Issues Preliminary Injunction in Chinese World Cup Streaming Case

Posted on Categories Case, Copyright

On December 7, 2022, the People’s Court of Pudong New Area, Shanghai Municipality (Shanghai Pudong Court) received an application for behavior preservation (preliminary injunction) from CCTV International Network Co., Ltd., the authorized broadcaster of the Qatar World Cup. The Court ruled within 24 hours after receiving the application and ordered Shenyang Panqiu Technology Co., Ltd. to immediately stop streaming the 2022 Qatar World Cup on the Panqiu Bar website it operated, and Shanghai Yuebao Information Technology Co., Ltd. to immediately …

Chinese Customs Announces a Batch of Typical Cases of Intellectual Property Infringement

Posted on Categories Case, Copyright, Patents, Trademarks

On July 25, 2022, the General Administration of Customs of the People’s Republic of China released a notice entitled “Batch of Typical Cases of Intellectual Property Infringement” (一批侵犯知识产权典型案例) involving the protection of intellectual property rights including trademarks, copyrights and patents, etc. that involved both Chinese and foreign rights holders. Rightsholders included Samsung, BMW, Hasbro, Timberland, and others.  Per Chinese Customs, 45.27 million infringing goods were seized in two special law enforcement actions including “Longteng Action 2022” and “Blue Net Action …

China’s National Intellectual Property Administration Releases Guidelines for Intellectual Property Protection at Exhibitions

Posted on Categories Copyright, New Law, Rule or Implementing Regulation, Patents, Trademarks

On July 22, 2022, China’s National Intellectual Property Administration (CNIPA) released the Guidelines for Intellectual Property Protection at Exhibitions (展会知识产权保护指引). The Guidelines allow for setting up a workstation at an exhibition to accept intellectual property infringement complaints, provide judgement opinions on same, transfer evidence to relevant law enforcement departments, etc.   If a respondent doesn’t not reply to a complaint within 24 hours of receipt, the complaint of infringement was confirmed via valid legal documents, or respondent admits infringement, the exhibition …