In China’s shift from quantity to quality, 25.5% fewer utility models were granted in 2023 versus 2022. Design patent grants were also down 11.5% according to a January 16, 2024 press conference held by the State Council Information Office. In contrast, invention patent grants were up 15.4%. Invention patent applications are substantively examined while utility models and designs only undergo a preliminary examination. 2024 may show a continuing downward trend for utility models as the amended Patent Examination Guidelines, effective …
Category: Trademarks
4.5 Year Prison Sentence and 5.5 Million RMB Fine in China Disney Criminal Trademark Case
According to information released January 9, 2024 by the Shanghai Pudong Procuratorate (浦东检察 ), three criminal defendants were sentenced to up to 4.5 years in prison with a 5.5 million RMB fine for selling 830,000 pieces of counterfeit Disney clothing with a sales amount was more than 17 million RMB. This follows a previous criminal case in Shanghai for selling counterfeit Disney plush tolls and multiple Customs cases featuring counterfeit Disney products. The Shanghai Disneyland Resort is 57% owned by …
New Balance Scores 30 Million RMB in TM Infringement Case at China’s Supreme People’s Court
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 Releases Translation of Criminal Law Including IP Provisions
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 …