On March 1, 2022, the Supreme People’s Procuratorate (SPP) held a press conference on the theme of “Strengthening Intellectual Property Procuratorial Services to Guarantee Innovation-Driven Development in the New Era,” (检察机关知识产权综合性司法保护典型案例) releasing 4 typical cases of comprehensive judicial protection of intellectual property rights by procuratorial organs. The four cases cover criminal copyright infringement, trade secret misappropriation, and criminal trademark counterfeiting. Summaries of the 4 cases follow.
Category: Trademarks
U.S. Trade Representative Names 6 Chinese Online Markets in 2021 Review of Notorious Markets for Counterfeiting and Piracy Up 1 From 2020
On February 17, 2022 the Office of the United States Trade Representative (USTR) released the findings of its 2021 Review of Notorious Markets for Counterfeiting and Piracy (the Notorious Markets List). The Notorious Markets List highlights online and physical markets that reportedly engage in or facilitate substantial trademark counterfeiting or copyright piracy. There is no penalty for being listed but the list has been used to encourage foreign companies and countries to crack down on piracy and counterfeiting. Of the 42 …
China Cracks Down on Olympic Trademark Squatters Including Marks for Olympic Gold Medalist and Fashion Model Eileen Gu
On February 14, 2022, the China National Intellectual Property Administration (CNIPA) has announced a crackdown on the malicious filing of trademarks for Olympic mascots and athletes for “infringing on the personality rights and other legitimate rights and interests of others, has caused significant adverse social impact, and damaged the good image of China’s strict protection of intellectual property rights.” CNIPA rejected 429 trademark applications, including those for Eileen Gu (谷爱凌 and homonyms). CNIPA also cancelled, ex officio, 43 trademarks, 20 …
Shanghai No. 3 Intermediate People’s Court Affirms Prison Sentence in 61 Million RMB Cartier Counterfeit Case
On January 24, 2022, the Shanghai Third Intermediate People’s Court (上海第三中院) announced the affirmation of a lower court’s ruling sentencing co-defendant Wu XX to two years, two months in prison for counterfeiting trademarks of Cartier and generating illegal revenue of more than 61 million RMB (~$9.6 million USD).