On March 30, 2023, China’s Supreme People’s Court releases the “Summary of Judgments of the Intellectual Property Tribunal of the Supreme People’s Court (2022)” (最高人民法院知识产权法庭裁判要旨摘要（2022)). The Intellectual Property Tribunal of the Supreme People’s Court (SPC) selected 61 typical cases from 3,468 cases concluded in 2022, and extracted 75 judgment summaries. The judgment summaries for IP-related cases, as provided by the SPC, follow.
Category: Trade Secrets
Intellectual Property Tribunal of China’s Supreme People’s Court Releases ‘Typical Cases’ of 2022 List
On March 30, 2023, the Intellectual Property Tribunal of China’s Supreme People’s Court (SPC) released the “Typical Cases of the Intellectual Property Tribunal of the Supreme People’s Court (2022)” (最高人民法院知识产权法庭典型案例(2022)). The SPC selected 20 cases from the 3,468 technology-related intellectual property and monopoly cases it concluded in 2022 to “summarize and give full play to the positive role of typical cases, effectively increase the protection of intellectual property rights, and maintain a fair competition order in the market.” Per the …
China’s Supreme People’s Court & Supreme People’s Procuratorate Release Draft Interpretation of Handling Criminal Cases of Intellectual Property Infringement
On January 18, 2023 China’s Supreme People’s Court and China’s Supreme People’s Procuratorate released the Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Intellectual Property Infringement (Draft for comments) (关于办理侵犯知识产权刑事案件适用法律若干问题的解释（征求意见稿)). The Interpretation mainly sets thresholds for determining criminal prosecution, e.g., when there are “serious circumstances” in trademark infringement. The Interpretation will replace earlier Interpretations including the 2020 Interpretation.
China’s State Administration for Market Regulation Releases Draft of Amendments to the Anti-Unfair Competition Law
On November 22, 2022, China’s State Administration for Market Regulation (SAMR) released the Anti-Unfair Competition Law of the People’s Republic of China ( Revised Draft for Comments ) (中华人民共和国反不正当竞争法（修订草案征求意见稿)). The Draft mainly focuses on the digital economy with a new article 4 stating “Operators must not use data and algorithms, technology, capital advantages, and platform rules to engage in unfair competition.” Articles focusing on trade secrets and other areas are also added.