Per Order of the State Administration of Market Regulation No. 44 entitled Measures for the Administration of Lists of Serious Illegal and Dishonest Acts Subject to Market Regulation (市场监督管理严重违法失信名单管理办法), effective September 1, 2021, China’s State Administration for Market Regulation (SAMR) will establish a list of untrustworthy entities that have intentionally infringed intellectual property , misappropriated trade secrets, committed unfair competition (frequently a cause of action in trademark infringement cases), filed abnormal (irregular) patent applications, maliciously submitted trademark applications (e.g., for …
Category: Trademarks
Criminal Arrests for Intellectual Property Crimes in China Up 99% in H1 2021
According to data (最高检发布上半年全国检察机关主要办案数据) released by China’s Supreme People’s Procuratorate (SPP) on July 25, 2021, From January to June 2021, procuratorial authorities across the country approved the arrest of 4,286 suspected IPR infringement criminals, up by 99% year on year; prosecution of 6,017 persons, up by 12.6% year on year, non-prosecution of 540 persons, non-prosecution rate of 8.2%, down by 2.6 percentage points year on year. The criminal charges involved in the prosecution case were mainly the crimes of counterfeiting registered …
China’s General Administration of Customs Announces Typical Cases of Intellectual Property Infringement
On July 19, 2021, China’s General Administration of Customs announced 11 typical cases of intellectual property infringement where they were able to seize infringing goods. The cases included both domestic and foreign brands as well as products bearing Olympic marks. The infringing goods included counterfeit Hugo Boss clothing; counterfeit L’Oreal, DIOR, Maybelline, MAC, Huda, and St. Ives cosmetics; and counterfeit Disney stickers among others.
China’s State Administration for Market Regulation Releases Typical Unfair Competition Case List
On July 16, 2021, the State Administration for Market Regulation (SAMR) published a Notice entitled “Innovating the way of popularizing the law, strengthening the case analysis activities of anti-unfair competition through case interpretation, and achieving good results” (创新普法方式 强化以案释法反不正当竞争案例解析活动取得良好效果). The Notice includes a list of ten typical anti-unfair competition administrative cases with comments, of which 4 are intellectual property related (trade secret and trademark). SAMR summaries and comments follow.