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.
Category: Trademarks
Supreme People’s Court Releases Typical Cases Involving Personality Rights
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.
China’s National Intellectual Property Administration Issues Draft Regulations on the Protection of Geographical Indication Products for Comment
On September 18, 2023, China’s National Intellectual Property Administration (CNIPA) issued the Draft Regulations on the Protection of Geographical Indication Products for Comment (地理标志产品保护规定（征求意见稿)). The Draft moves the examination and approval process from the General Administration of Quality Supervision, Inspection and Quarantine to the CNIPA, introduces a good faith requirement and adds a detailed examination process.
China’s Supreme People’s Procuratorate Releases the 48th Batch of Guiding Cases Focusing on IP
On September 14, 2023, the Supreme People’s Procuratorate (SPP) released the 48th batch of guiding cases (关于印发最高人民检察院 第四十八批指导性案例的通知). This batch include 4 cases (Prosecution Cases No. 191-194) with the theme of “Comprehensive Procuratorial Protection of Intellectual Property Rights.” The cases yielded significant prison sentences for copyright infringement and false copyright litigation.