China’s State Administration for Market Regulation to Establish List of Untrustworthy Entities That Have Intentionally Infringed Intellectual Property

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

Per Order of the State Administration of Market Regulation No. 44 entitled Measures for the Administration of Lists of Serious Illegal and Dishonest Acts Subject to Market Regulation (市场监督管理严重违法失信名单管理办法),  effective September 1, 2021, China’s State Administration for Market Regulation (SAMR) will establish a list of untrustworthy entities that have intentionally infringed intellectual property , misappropriated trade secrets, committed unfair competition (frequently a cause of action in trademark infringement cases), filed abnormal (irregular) patent applications, maliciously submitted trademark applications (e.g., for …

China’s State Administration for Market Regulation Releases Typical Unfair Competition Case List

Posted on Categories Trade Secrets, Trademarks, Unfair Competition

On July 16, 2021, the State Administration for Market Regulation (SAMR) published a Notice entitled “Innovating the way of popularizing the law, strengthening the case analysis activities of anti-unfair competition through case interpretation, and achieving good results” (创新普法方式 强化以案释法反不正当竞争案例解析活动取得良好效果). The Notice includes a list of ten typical anti-unfair competition administrative cases with comments, of which 4 are intellectual property related (trade secret and trademark).  SAMR summaries and comments follow.

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 …

China’s Supreme People’s Procuratorate Releases 2020 Data and Typical Intellectual Property Cases

Posted on Categories Case, Copyright, Trade Secrets, Trademarks

In follow up to China’s Ministry of Public Security’s press conference on April 23, 2021 regarding criminal Intellectual Property (IP) law investigations, China’s Supreme People’s Procuratorate (SPP) on April 25, 2021 released criminal IP law prosecution data and a list of typical cases.  In 2020, the SPP prosecuted 12,163 people in 5,847 cases, a year-on-year increase of 7.6% and 10.4% respectively. Criminal trademark infringement cases accounted for 94.2% of the total, copyright infringement cases accounted for 5.3% of the total, …