China’s State Administration for Market Regulation Releases 2021 Legislative Work Plan

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

On April 1, 2021, China State Administration for Market Regulation (SAMR) released the 2021 legislative work plan (国家市场监督管理总局2021年立法工作计划), with 8 of the 61 matters related to intellectual property law. The 8 cover patent, trademark and trade secret matters including laws and administrative regulations and departmental rules.

China’s Supreme People’s Court Releases Typical Cases of Punitive Damages in Intellectual Property Infringement

Posted on Categories Case, Trade Secrets, Trademarks

China’s Supreme People’s Court released the “Interpretation of the Supreme People’s Court on the Application of Punitive Damages in the Trial of Civil Cases of Infringement of Intellectual Property Rights” on March 3, 2021.  In order apply the Interpretation consistently and fairly, on March 15, 2021, the Supreme People’s Court released the “Typical cases of applying punitive damages in civil cases of infringement of intellectual property rights” (侵害知识产权民事案件适用惩罚性赔偿典型案例).  The Typical Cases contains five trademark infringement cases and one theft of …

China’s Supreme People’s Court Releases 46 Adjudication Rules Based on 55 Example Intellectual Property Cases from 2020

Posted on Categories Case, Patents, Trade Secrets

On February 27, 2021, the Intellectual Property Tribunal of China’s Supreme People’s Court released a set of 46 rules based on a selection of 55 example cases from the 2,787 technical intellectual property (IP) cases concluded by the Court in 2020.  From these 55 cases, the Tribunal refined them into 46 adjudication rules covering the trial of patent civil cases, the trial of patent administrative cases, the trial of new plant variety cases, trial of trade secret cases, trial of computer …

The Intellectual Property Tribunal of China’s Supreme People’s Court Released Top 10 Cases of Technical Intellectual Property Rights in 2020

Posted on Categories Case, Copyright, Patents, Trade Secrets, Utility Model

On February 26, 2021, the Intellectual Property Tribunal of the Supreme People’s Court released a list of top 10 cases of technical intellectual property rights for 2020 that the tribunal ruled on.  The list covers anti-suit injunctions, trade secret theft, punitive damages, software copyright infringement, utility model infringement, invention patent invalidation, dueling administrative and civil enforcement appeals of patents, integrated circuit layout design infringement, affirmative injunctions and antitrust.