On November 17, 2022 the Supreme People’s Court (SPC) of China held a press conference announcing the release of Typical Anti-Unfair Competition Cases of People’s Courts (人民法院反不正当竞争典型案例). Per the SPC, one of the main goal of the release is “strengthen the judicial protection of trade secrets and unify the standards of legal application” as two of the cases involved trade secret misappropriation – one in the pharma space and one in the semiconductor space.
Category: Unfair Competition
Shanghai Intellectual Property Court: Continued Trademark Infringement After Notice Can Lead to Punitive Damages
The Shanghai Intellectual Property Court affirmed a lower court’s judgement awarding Huayi Brothers (华谊兄弟公司) punitive damages for trademark infringement since the defendant, Huayi Cinema Era (某时代华谊影城), continued infringing after being put on notice via a cease and desist letter. The Shanghai IP Court also affirmed an injunction and a requirement for Huayi Cinema Era to change its name.
China’s National Intellectual Property Administration Releases Detailed Explanation of Intellectual Property Administrative Law Enforcement Guiding Case VII for Trademark Exhaustion
On March 29, 2022, the China National Intellectual Property Administration (CNIPA) released the second batch of intellectual property administrative law enforcement law enforcement Guiding Cases (Guiding Cases No. 6-8) (第二批知识产权行政执法指导案例). This batch of cases has general guiding significance for the identification and punishment of repeated patent infringement, how to reuse recycled beer bottles in compliance with intellectual property laws and regulations, and the judicial confirmation of the administrative mediation agreement for patent infringement disputes. In order to facilitate the correct understanding …
China’s Supreme People’s Court Releases Top 10 Intellectual Property Cases of 2021
On April 21, 2022 China’s Supreme People’s Court (SPC) released the Top 10 IP Cases in Chinese Courts in 2021 (2021年中国法院10大知识产权案件). The cases cover trademark infringement, unfair competition, trade secret misappropriation, antitrust, new plant variety infringement, invention patent infringement, and copyright infringement. Of particular note was Wyeth’s win for trademark infringement that resulted in a significant punitive damages award and a vanillin trade secret misappropriation case that led to one of the highest intellectual property verdicts in China. China also …