China’s IP Tribunal of the Supreme People’s Court Releases Annual Report for 2021

Posted on Categories Case, Copyright, Design Patent, Patents, Trade Secrets

On February 28, 2022, the Intellectual Property Tribunal of the Supreme People’s Court of China released its Annual Report for 2021. The report discloses statistics about Tribunal including average length of case, number of cases per judge, total number of cases heard, etc. The report also references accomplishments of the Tribunal.

Vanillin Trade Secret Case Makes 2021 Top Ten Chinese People’s Court Cases

Posted on Categories Trade Secrets

China’s official People’s Court News (人民法院报) announced the top 10 Chinese People’s Court cases for 2021 on January 6, 2022, which included one intellectual property law case – a trade secret case in which China’s Supreme People’s Court awarded 159 million RMB (~$24.9 million USD) to the trade secret holder.  This is the largest ever trade secret misappropriation award reported in China. Other non-IP cases of note that made the list include the Lai Xiaomin case (who collected bribes totaling …

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.