On April 20, 2023, China’s Supreme People’s Court (SPC) released the Top 10 Intellectual Property Cases in Chinese Courts in 2022 (2022年中国法院10大知识产权案件). The cases include the first patent linkage case, trademark infringement, unfair competition in search engine optimization, criminal counterfeiting of registered trademarks, non-fungible tokens (NFTs) and others. The list of cases along with an explanation of each as provided by the SPC follow.
Category: Trademarks
China’s Ministry of Public Security Announces 10 Typical Cases of Strengthening Protection of Intellectual Property Rights via Criminal Law Enforcement
On April 19, 2023, China’s Ministry of Public Security (MPS) announced 10 typical cases of strengthening protection of intellectual property rights via criminal law enforcement and supporting comprehensive innovation (公安部公布加强知识产权刑事保护支持全面创新10起典型案例). The MPS also stated that “in 2022, a total of 27,000 criminal cases of intellectual property infringement and the production and sale of counterfeit and inferior commodities were cracked, effectively curbing the frequent occurrence of such crimes.” The announcement from the MPS follows.
Chinese Live Streamer Sentenced to 1 Year 10 Months Prison Term for Selling Counterfeit Disney Plush Toys
On April 14, 2023, the Jing An Procuratorate in Shanghai, China announced that live streamer Zhu XX with 200,000 fans was sentenced to a prison term of 1 year 10 months and fined 800,000 RMB for the crime of selling goods with counterfeit registered trademarks belonging to Disney. An additional 5 defendants were sentenced to imprisonment of 1 year to 1 year 8 months and fined, subject to probation.
China’s National Intellectual Property Administration to Continue Cracking Down on IP Agency Misbehavior in “Blue Sky” Rectification Campaign
On April 10, 2023, China’s National Intellectual Property Administration (CNIPA) issued the Notice of the State Intellectual Property Office on Further Carrying Out the “Blue Sky” Special Rectification Action of the Intellectual Property Agency Industry (国家知识产权局关于进一步深入开展知识产权代理行业“蓝天”专项整治行动的通知). The Notice states that CNIPA will continue its Blue Sky rectification program by cracking down on both trademark and patent agencies that violate laws and regulations. Similar Notices were issued in January 2022 and March 2021. Under the Blue Sky campaign CNIPA has been …