In the newly released China National Intellectual Property Administration (CNIPA) 2020 Annual Report (国家知识产权局2020年度报告) the number of invention patent applications filed in China in 2020 was 1.497 million, a year-on-year increase of 6.9%. Among them, there were 1.345 million domestic invention patent applications filed, accounting for 89.8% of the total, a year-on-year increase of 8.1%; there were 152,000 foreign invention patent applications filed in China, accounting for 10.2% of the total, a year-on-year decrease of 3.0%. Note China had ceased …
Category: Trademarks
China’s National Intellectual Property Administration Releases Top 10 Cases of Administrative Trademark Adjudication
On April 26, 2021, China’s National Intellectual Property Administration (CNIPA) released released the Top Ten Cases of Administrative Trademark Adjudication (2020年度商标行政保护十大典型案例). Administrative adjudication in China is an alternative to conventional civil litigation and can be quicker and less expensive than litigation. That said, generally only fines and injunctions are issued in administrative enforcement actions. Those seeking damages should file a litigation at a People’s Court instead or in addition.
China’s Supreme People’s Procuratorate Releases 2020 Data and Typical Intellectual Property Cases
In follow up to China’s Ministry of Public Security’s press conference on April 23, 2021 regarding criminal Intellectual Property (IP) law investigations, China’s Supreme People’s Procuratorate (SPP) on April 25, 2021 released criminal IP law prosecution data and a list of typical cases. In 2020, the SPP prosecuted 12,163 people in 5,847 cases, a year-on-year increase of 7.6% and 10.4% respectively. Criminal trademark infringement cases accounted for 94.2% of the total, copyright infringement cases accounted for 5.3% of the total, …
Wyeth’s 30.55 Million RMB Punitive Damages Award for Chinese Trademark Infringement Upheld on Appeal
On April 26, 2021, the Zhejiang High Court upheld a verdict of 30.55 million RMB (~$4.7 million USD) in damages including punitive damages in favor of Wyeth in a trademark infringement case. Wyeth LLC (“U.S. Wyeth”) , a global leader in infant milk powder, originally sued Guangzhou Wyeth Baby Maternal and Infant Products Co., Ltd. (广州惠氏宝贝母婴用品有限公司) (“Guangzhou Wyeth”) for trademark infringement and unfair competition in Hangzhou Intermediate Court and was awarded 30.55 Million RMB in damages and an injunction per …