On December 10, 2020, China’s Supreme People’s Court released “Guidelines for Enforcement of Intellectual Property Judgments” (知识产权判决执行工作指南). The Guidelines have 29 Articles that cover the types of cases the Guidelines cover; enforcement of civil intellectual property cases; enforcement of intellectual property administrative cases; and enforcement of criminal intellectual property cases.
Category: Trademarks
Chinese Trademark Agency Punished for Forging CNIPA Trademark Documents
On December 9, 2020, the China National Intellectual Property Administration (CNIPA) released an administrative decision dated December 7, 2020 punishing Shanghai Xuenai Trademark Office (General Partnership) (上海雪耐商标事务所（普通合伙)) and employees for forging official trademark documents. Xuenai had forged 126 documents defrauding 100 companies and 6 individuals. Apparently, Xuenai would use the fraudulent documents to solicit business by sending the documents to trademark applicants and registrants over WeChat and QQ (Chinese social media apps).
Beijing Intellectual Property Court Affirms Invalidation of Xingning Shixin Lamp Factory’s “Green Lantern” Trademark
On December 7, 2020, the Beijing Intellectual Property Court announced the affirmance of an earlier Trademark Review and Adjudication Board (TRAB) ruling invalidating the Xingning Shixin Lamp Factory’s (兴宁市时新灯具厂) “Green Lantern” trademark for damaging the name and title of the Green Lantern movie. Because of prior rights and interests enjoyed by the name, the Court affirmed the TRAB.
Consumer Public Interest Lawsuit Seeks 21 Million RMB for Counterfeit Trademark Sales of Starbucks in China
On November 22, 2020, the Jiangsu Provincial Consumer Protection Committee announced they filed a public interest lawsuit on October 26, 2020 against Shuangshan Food (Xiamen) Co., Ltd. for selling counterfeited Starbucks coffee. Shuangshan was previously subject to criminal prosecution for the sale of the counterfeit coffee amounting to 7 million RMB (~$1 million USD). This is the first consumer civil punitive damages public interest litigation in Jiangsu Province and the demand for compensation of 21 million RMB is the highest …