On November 22, 2022, China’s State Administration for Market Regulation (SAMR) released the Anti-Unfair Competition Law of the People’s Republic of China ( Revised Draft for Comments ) (中华人民共和国反不正当竞争法（修订草案征求意见稿)). The Draft mainly focuses on the digital economy with a new article 4 stating “Operators must not use data and algorithms, technology, capital advantages, and platform rules to engage in unfair competition.” Articles focusing on trade secrets and other areas are also added.
Category: Trademarks
Five-Year Prison Sentence for Selling $1.27 Million USD of Counterfeit Armani Watches in Shanghai Trademark Case
In an announcement from the Shanghai High People’s Court on November 3, 2022, the People’s Court of Chongming District, Shanghai Municipality sentenced defendant Ding to imprisonment of five years for the crime of counterfeiting a registered trademark and imposed a fine of 1.5 million RMB (~$209 thousand USD). Ding had sold 58,813 counterfeit watches bearing the Emporio Armani trademark having a value of 9,153,683 RMB (~$1.27 million USD).
China to Add Statement of Use Requirement for Trademarks?
In the Letter of the China National Intellectual Property Administration (CNIPA) in Reply to Recommendation No. 2505 of the Fifth Session of the Thirteenth National People’s Congress, CNIPA proposed to require a filing of a statement of use in trademark applications. CNIPA would be able to revoke trademarks ex-officio for failure to use.
Shanghai Intellectual Property Court: Continued Trademark Infringement After Notice Can Lead to Punitive Damages
The Shanghai Intellectual Property Court affirmed a lower court’s judgement awarding Huayi Brothers (华谊兄弟公司) punitive damages for trademark infringement since the defendant, Huayi Cinema Era (某时代华谊影城), continued infringing after being put on notice via a cease and desist letter. The Shanghai IP Court also affirmed an injunction and a requirement for Huayi Cinema Era to change its name.