China’s Supreme People’s Court Releases Opinions on Increasing Sanctions for Intellectual Property Infringement

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

The Supreme People’s Court of the People’s Republic of China released the “Opinions on Increasing the Punishment of Intellectual Property Infringement Acts According to Law” (关于依法加大知识产权侵权行为惩治力度的意见)  on September 15, 2020. The opinions confirm the primacy of injunctions and potentially increases the amount of monetary damages typically awarded.  The opinions also cover strengthening evidence preservation and increasing criminal enforcement of the intellectual property laws.  Notably, the opinions amend Article 20 (now Article 15) from the draft opinions by removing a foreigner-targeted clause, …

Shanghai Third Intermediate Court Announces Sentencing of Criminal Lego Infringers

Posted on Categories Case, Copyright

On September 2, 2020, just 6 months after the Shanghai People’s Procuratorate announced the criminal copyright prosecution of Lego infringers,  the Shanghai Third Intermediate Court has announced the sentencing of the same 9 people to up to 6 years in jail and a 90 million RMB (~$13 million USD) fine.  The group of 9 had sold over 300 million RMB of infringing products under the Lepin (乐拼) brand and had over 30 million RMB of infringing products stored ready for …

China’s National People’s Congress to Start Second Deliberation on Amended Copyright Law

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

In follow up to the public comment period on the draft amendment to the Copyright law,the draft amendment  was submitted to the Standing Committee of the National People’s Congress for the second deliberation on August 8, 2020. Per Xinhau, ” the second deliberation of the draft improved the definition and type of works, deleted the provisions regarding affecting the normal dissemination of works, and added relevant regulations to protect the copyright of audiovisual works.”