On October 30, 2024, China’s National Intellectual Property Administration (CNIPA) and State Administration for Market Regulation (SAMR) jointly released the Notice on Method for Calculating Illegal Business Turnover (Volume) in Trademark Infringement Cases (商标侵权案件违法经营额计算办法). The Method will be used for calculating penalties outside of the judicial system in administrative enforcement. While administrative enforcement will not yield damages, the SAMR can levy high penalties that may work as effective deterrents. For example, the Shenzhen Municipal Administration for Market Regulation issued an …
Category: Trademarks
China’s Supreme People’s Court Publishes Typical Cases on Anti-Monopoly and Anti-Unfair Competition
On September 11, 2024, China’s Supreme People’s Court (SPC) published a set of Typical Cases on Anti-Monopoly and Anti-Unfair Competition (反垄断和反不正当竞争典型案例目录). Two of the cases directly involve intellectual property including the “New Energy Vehicle Chassis” trade secret case discussed here in which 640 million RMB was awarded (but is unlikely to be collected) and a Schneider Electric trademark infringement case in which the Jiangsu Provincial High People’s Court awarded Schneider 40 million RMB. China, while not a common law jurisdiction, …
China’s State Administration for Market Regulation Releases the Top 10 Typical Cases of Intellectual Property Enforcement in 2023
On May 10, 2024, China’s State Administration for Market Regulation (SAMR) released the top ten typical cases of intellectual property enforcement in 2023. Administration enforcement via the SAMR provides an alternative route for IP enforcement in China. While damages are not available, injunctions and significant fines are. Further, cases can be referred to the procuratorate for criminal prosecution if warranted. Per the SAMR, local bureaus in 2023 “severely cracked down on trademark infringement, counterfeit patents, malicious applications for trademark registration, and …
China’s State Administration for Market Regulation Releases Interim Provisions on Anti-Unfair Competition on the Internet
On May 6, 2024, China’s State Administration for Market Regulation (SAMR) announced the Interim Provisions on Anti-Unfair Competition (AUCL) on the Internet (网络反不正当竞争暂行规定) effective September 1, 2024. The AUCL has been an effective tool for foreigners to enforce their unregistered trademarks in China. The new Provisions clarify how the AUCL applies to the Internet. The Provisions not only cover data scraping (that may affect collecting training date for generative AI) and fabricated reviews, but also covers more traditional intellectual property …