In a decision released April 20, 2020, the Guangdong Higher People’s Court affirmed an award of 40 million RMB (about $5.6 million) including punitive damages to Zhuhai Gree Electric Appliance Co., Ltd. (hereinafter, Gree) in case no. （2020）粤执复117号. The defendant, Ningbo Aosheng Trading Co., Ltd. (hereinafter Aosheng), had appealed from a ruling by the Guangdong Intermediate People’s Court of Guangzhou that it infringed CN201242223Y for an indoor air conditioner. Several factors stand out about this judgement including the relatively high …
Category: Patents
Patent Strategies For Expedited Chinese Approval Of Medical Devices
The National Medical Products Administration of China issued special review procedures for innovative medical devices in November 2018, effective December 1, 2018. The procedures enable expedited regulatory approval of innovative medical devices when the applicant owns or licenses Chinese invention patent applications directed to the medical devices seeking approval. Requests for participation in the special review program will be issued within 60 working days and have an opposition period of 10 working days. Once requests are approved, applicants can request …
Chinese Rail System for Restaurant Meal Delivery Patent Infringed
Perhaps showing the future of restaurants in times of social distancing, defendant Xuansu Company (炫速公司) implemented a restaurant meal delivery system to deliver food to customers using rails from kitchen to customers’ tables thereby avoiding the need for any interaction between customers and restaurant staff. However, unfortunately for Xuansu, according to the Shanghai Intellectual Property Court , the installed system infringed Chinese patent no. 101282669B and therefore awarded the exclusive licensee, Yunxiao Company (云霄公司), 1 million RMB.
China’s Supreme People’s Court Releases Top 10 Intellectual Property Cases for 2019
On April 21, 2020, China’s Supreme People’s Court released a list of the top 10 intellectual property law cases of 2019. The cases cover patent (invention and design), trademark, copyright, unfair competition and criminal trademark law. Cases in the list were adjudicated by Courts spread over China and at different appeal levels.