China Launches “Iron Fist” Intellectual Property Law Enforcement Plan for 2020

Posted on Categories New Law, Rule or Implementing Regulation, Patents, Trademarks

China’s State Administration for Market Regulation (SAMR) recently released its Intellectual Property Law Enforcement Action Plan for 2020 code-named “Iron Fist.”  The key tasks of the plan include strengthening law enforcement for key commodities (e.g., anti-epidemic protective gear); strengthen law enforcement in physical marketplaces; strengthening enforcement in e-commerce; and strengthening law enforcement in the intellectual property application process (e.g., trademark application process). The plan also includes regional cooperation and information sharing with statistics collection.

Guangzhou Intellectual Property Court OKs Parallel Imports

Posted on Categories Case, Trademarks, Unfair Competition

In a trio of cases dated May 6, 2020, the Guangzhou Intellectual Property Court allowed the parallel import of lightning surge protectors from Singapore into China. Parallel import is the import of a non-counterfeit product from another country without the permission of the intellectual property owner. Specifically, in cases(2019)粤73民终6944号, (2019)粤73民终6975号, and (2019)粤73民终6976号 the Guangzhou Intellectual Property Court held on appeal that parallel importation by Guangdong Shifu Electric Industrial Co., Ltd. (广东施富电气实业有限公司) of the genuine surge protectors did not violate Chinese …

3 Chinese Online Markets Listed in 2019 Notorious Markets List

Posted on Categories Copyright, Trademarks

The United States Trade Representative (USTR) released their annual Review of Notorious Markets for Counterfeiting and Piracy for 2019 on April 29, 2020 and included three mainland Chinese online markets in the online market section of the list.  Markets on the list are reported to engage in or facilitate substantial trademark counterfeiting and 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 …

China’s Supreme People’s Procuratorate Issues Top Example Cases of Criminal Intellectual Property Rights Infringement in 2019

Posted on Categories Case, Copyright, Trademarks

On April 25, 2020, China’s Supreme People’s Procuratorate issued a list of the top example cases in 2019 of criminal IP rights infringement.  The cases cover trademark, copyright and trade secret theft.  Verdicts included both imprisonment and fines.  While the punishments were severe for trademark and copyright cases, only 2 of the 18 cases are for trade secret theft and defendants received minimal or no jail time, perhaps indicating room for improvement on trade secret protection in China.