In a decision dated September 26, 2023, China’s Supreme People’s Court (SPC) affirmed a decision for trademark infringement and unfair competition against Jiangxi New Balance Leading Sporting Goods Co., Ltd. (与上诉人江西新百伦领跑体育用品有限公司) and Guangzhou New Balance Leading Shoes Co., Ltd. (广州新百伦领跑鞋业有限公司). The SPC calculated damages as 29.04 million RMB and 1 million RMB for attorney and related fees.
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 …
On October 24, 2023, the Shanghai Jinshan Primary People’s Court announced the sentencing of Wang XX to 4.5 years in prison and a 2 million RMB fine for the crime of counterfeiting registered trademarks for Anchor and Fonterra after a year on the run. A co-defendant Wang YY received a suspended sentence. Over several years they sold about 8 million RMB of butter and other dairy products bearing counterfeited trademarks.
On the afternoon of October 16, 2023, China’s Supreme People’s Court released typical cases involving the protection of personality rights of private enterprises and private entrepreneurs and answered reporters’ questions. While the typical cases mostly relate to defamation, one relates to trademark registration of another’s name, which may be useful in invalidating trademark registrations of eponymous corporations made by squatters.