On April 24, 2024, China’s Supreme People’s Court (SPC) released the Summary of the Supreme People’s Court’s Annual Report on Legal Application in Intellectual Property Cases (2023) (最高人民法院知识产权案件法律适用问题年度报告（2023）摘要). The annual report “sorts out the following 41 legal application issues from the intellectual property cases concluded by the Supreme People’s Court in 2023.” While not black letter law in the common law sense, the judgements may be intended to be influential among lower courts.
Category: Patents
China’s National Intellectual Property Administration Releases Typical Cases of Administrative Enforcement – Patent
On April 26, 2024, China’s National Intellectual Property Administration (CNIPA) released the 2023 Typical Cases of Administrative Enforcement (2023年度知识产权行政保护典型案例). The 30 cases covers patents, trademarks and geographical indications. Administrative enforcement in China provides an alternative to enforcement through the court system and can be faster and less expensive than going to trial. However, while damages are unavailable defendants can be fined.
USTR Releases 2024 Special 301 Report on IP Protection – China Remains on the Priority Watch List
On April 25, 2024, the Office of the United States Trade Representative (USTR) today released its 2024 Special 301 Report on the adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property (IP) rights. China remains on the priority watch list with the USTR stating: there remain many serious concerns regarding IP protection and enforcement in the People’s Republic of China (PRC). In 2023, the pace of reforms in the PRC remained slow. Stakeholders continue to raise …
China’s Supreme People’s Court Releases Top 10 IP Cases of 2023
On April 22, 2024, China’s Supreme People’s Court (SPC) released the Top 10 Intellectual Property Cases of 2023 and 50 Typical IP Cases of 2023. While not officially a common law jurisdiction, these cases have “demonstration and guidance functions” for lower courts. The SPC also released the Top 10 Influential Cases earlier this year.