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 …

China’s National Copyright Administration Releases Top Ten Criminal Infringement and Piracy Cases of 2020

Posted on Categories Copyright

On June 1, 2021, China’s National Copyright Administration (NCAC) released the Top Ten Infringement and Piracy Cases of 2020 (2020年度全国打击侵权盗版十大案件).  The NCAC jointly released the cases with the National Office of Anti-Pornography in order to demonstrate the results of the work done by copyright law enforcement offices and to provide guiding cases.  While China doesn’t use a common law precedent system, relevant Courts and Administrative Agencies will occasionally identify cases for guidance. Criminal copyright can be strictly enforced in China …

TikTok Maker Sued for 2.274 billion RMB for Copyright Infringement and Trade Secret Misappropriation in China

Posted on Categories Case, Copyright, Trade Secrets

On April 30, 2021, Meishe Technology (美摄科技) announced it has sued Beijing ByteDance Technology Co., Ltd., Beijing Weibo Vision Technology Co., Ltd. and affiliated entities for computer software copyright infringement and trade secret misappropriation relating to ByteDance’s Douyin app (the Chinese version of TikTok) and other apps.  Meishe is requesting a public apology and 2.274 billion RMB (~$351 million USD) for damages and expenses.  Meishe Technology was established in 2014 and provides mobile video, audio, and image processing, recognition and …