The Supreme People’s Court of the People’s Republic of China released the “Opinions on Increasing the Punishment of Intellectual Property Infringement Acts According to Law” (关于依法加大知识产权侵权行为惩治力度的意见) on September 15, 2020. The opinions confirm the primacy of injunctions and potentially increases the amount of monetary damages typically awarded. The opinions also cover strengthening evidence preservation and increasing criminal enforcement of the intellectual property laws. Notably, the opinions amend Article 20 (now Article 15) from the draft opinions by removing a foreigner-targeted clause, …
Category: Trademarks
China’s Threshold for Criminal Trade Secret Misappropriation to Drop to 300,000 RMB
On September 13, 2020, China’s Supreme People’s Court and Supreme People’s Procuratorate released the Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Infringement of Intellectual Property Rights (3) (关于办理侵犯知识产权刑事案件具体应用法律若干问题的解释（三）) effective September 14, 2020. One of the key highlights in this Judicial Interpretation is the reduction in the threshold for criminal misappropriation of trade secrets. Previously, the threshold was 500,000 RMB (~$73 thousand USD) and will now be 300,000 RMB.
China Punishes Another Trademark Agency for Malicious Registration of Coronavirus-Related Trademarks
In follow up to an notice issued in February 2020 by the Chinese Trademark Office forbidding registration of coronavirus-related trademarks, the Market Supervision and Administration Bureau of Yuhua District, Shijiazhuang City recently imposed fines totaling 50,000 RMB on Hebei Trademark Office Co., Ltd. and related persons for attempting to do just that. These fines follow fines imposed in other jurisdictions earlier this year including a 100,000 RMB fine on Beijing Yijie Shunda International Intellectual Property Agency Co., Ltd. and an …
China’s Qiaodan Sports Loses in Attempt to Enforce Michael Jordan Trademarks Against Amazon
In a decision dated August 24, 2020, the Beijing Intellectual Property Court, on appeal from the People’s Court of Chaoyang District in Beijing, ruled against Qiaodan Sports Co., Ltd. (乔丹体育股份有限公司) in a trademark infringement lawsuit against Amazon Excellence (亚马逊卓越有限公司),the operator of Amazon’s China website, and affiliate Century Excellence (北京世纪卓越信息技术有限公司). Qiaodan Sports had sued Amazon and Century for trademark infringement for selling Nike’s Jordan footwear based on three trademarks for “乔丹” (pronounced Qiaodan), the commonly accepted transliteration of Michael’s Jordan’s family …