The Central Committee of the Communist Party of China and the State Council issued the “Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)”

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

On September 22, 2021,  the Central Committee of the Communist Party of China and the State Council issued the “Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)” (知识产权强国建设纲要(2021-2035年)). The Guidelines set numerical development goals for intellectual property as well as other goals such as “deep participation in global intellectual property governance.”

China’s National People’s Congress Releases Translation of the Amended Copyright Law

Posted on Categories Copyright

China’s National People’s Congress has recently released a translation of the amended Copyright Law.  The full text in English is available here. The original Chinese text is available here.  The amended Copyright Law is effective as of June 1, 2021.   Some of the highlights in the amended Copyright Law include punitive damages for intentional infringement, an increase in statutory damages, and an increase in civil fines for copyright infringement. For ease of reference, the full English translation is reproduced here.

Beijing Intellectual Property Court Affirms Jaguar Land Rover’s Win Against Landwind for Copying Evoque

Posted on Categories Case, Copyright, Unfair Competition

According to a report in China’s IPR Daily, on May 27, 2021, the Beijing Intellectual Property Court affirmed Jaguar Land Rover’s (JLR) win against Landwind (陆风) for unfair competition relating to the Landwind X7, a vehicle that looks remarkably similar to the JLR Evoque. Landwind must issue an apology, pay compensation and cease infringing.   Earlier, JLR successfully invalidated Landwind’s design patent for the X7.  However, JLR failed in its claim for copyright infringement on appeal.

China’s Supreme People’s Court Clarifies That Defendant May Be Entitled to Attorney Fees and Expenses in IP Litigation

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

On June 3, 2021 and effective the same day, the Supreme People’s Court (SPC) issued the “Approval of the Supreme People’s Court on the Issue of the Defendant’s Request for Compensation for Reasonable Expenses in Intellectual Property Infringement Lawsuits on the Grounds of the Plaintiff’s Abuse of Rights” (最高人民法院关于知识产权侵权诉讼中被告以原告滥用权利为由请求赔偿合理开支问题的批复). The Approval is in response to a request for instructions from the Shanghai Higher People’s Court for a defendant’s request for compensation and allows for compensation in intellectual property infringement lawsuits …