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.
Category: Trade Secrets
TikTok Maker Sued for 2.274 billion RMB for Copyright Infringement and Trade Secret Misappropriation in China
On April 30, 2021, Meishe Technology (美摄科技) announced it has sued Beijing ByteDance Technology Co., Ltd., Beijing Weibo Vision Technology Co., Ltd. and affiliated entities for computer software copyright infringement and trade secret misappropriation relating to ByteDance’s Douyin app (the Chinese version of TikTok) and other apps. Meishe is requesting a public apology and 2.274 billion RMB (~$351 million USD) for damages and expenses. Meishe Technology was established in 2014 and provides mobile video, audio, and image processing, recognition and …
China’s Supreme People’s Procuratorate Releases 2020 Data and Typical Intellectual Property Cases
In follow up to China’s Ministry of Public Security’s press conference on April 23, 2021 regarding criminal Intellectual Property (IP) law investigations, China’s Supreme People’s Procuratorate (SPP) on April 25, 2021 released criminal IP law prosecution data and a list of typical cases. In 2020, the SPP prosecuted 12,163 people in 5,847 cases, a year-on-year increase of 7.6% and 10.4% respectively. Criminal trademark infringement cases accounted for 94.2% of the total, copyright infringement cases accounted for 5.3% of the total, …
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
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 …