China’s Ministry of Public Security Releases Status of Intellectual Property Criminal Investigations and Lists Typical Cases of Public Security Agencies Cracking Down on Crimes of Intellectual Property Infringement

Posted on Categories Case, Copyright, Trade Secrets, Trademarks

On April 23, 2021, China’s Ministry of Public Security held a press conference on the status of enforcing criminal intellectual property (IP) infringement laws.  At the press conference, the Ministry said that during the “Thirteenth Five-Year Plan,” which just ended, public security agencies across China have investigated more than 90,000 criminal cases of infringement of intellectual property rights and production and sale of counterfeit goods with a value of more than 47 billion RMB, and arrested more than 130,000 criminal …

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 …