China’s Supreme People’s Court Releases the 39th Batch of Guiding Cases Covering Intellectual Property Law

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

On December 19, 2023, China’s Supreme People’s Court (SPC, currently geoblocked) released the 39th Batch of Guiding Cases (关于发布第39批指导性案例的通知) covering intellectual property law. While China’s legal system is not a common law system, China nonetheless issues guiding cases “for reference when trying similar cases.”  This batch of Guiding Cases covers invention patents, utility models, trade secrets and other intellectual property matters.

China’s National People’s Congress Releases Translation of Criminal Law Including IP Provisions

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

China’s National People’s Congress has recently released a translation of China’s Criminal Law, which includes many Intellectual Property provisions.  The Criminal Law was most recently amended at 24th Meeting of the Standing Committee of the Thirteenth National People’s Congress on December 26, 2020 and went into force on March 1, 2021. The amendments increase the maximum sentencing term for IP crimes and also add a new article somewhat similar to the US’ Economic Espionage Act potentially in effect if not …

China Prosecutes 11,675 People for IP Crimes in 2023 H1

Posted on Categories Case, Copyright, Trade Secrets, Trademarks

According to a press release dated August 4, 2023 from the China’s Supreme People’s Procuratorate (SPP) 11,675 people were prosecuted for IP Crimes in the first half 2023, up 36.1% year-on-year. Criminal trademark infringement made up the majority of IP crimes with 10,384 people prosecuted accounting for 88.9% of the total. Copyright was second with 1,122 persons prosecuted. Trade secret misappropriation was third with 167 people prosecuted, up 89.8% year-on-year.