On June 7, 2021, the Zhejiang Higher People’s Court announced it has affirmed an award of 9 Million RMB ($1.4 Million USD) and an injunction to L’Occitane for trademark infringement and unfair competition. L’Occitane had earlier sued Zhejiang Junda Biotechnology Development Co., Ltd. (浙江君大生物科技发展有限公司) and Guangzhou Ailian Cosmetics Co., Ltd. (广州市爱莲化妆品有限公司) for the sale of Andorheal Fragrance Body Lotion in a bottle similar to L’Occitane’s Cherry Blossom Shimmered Lotion as well as the use of L’Occitane’s cherry blossom trademark.
Category: Unfair Competition
China’s State Administration for Market Regulation Releases 2021 Legislative Work Plan
On April 1, 2021, China State Administration for Market Regulation (SAMR) released the 2021 legislative work plan (国家市场监督管理总局2021年立法工作计划), with 8 of the 61 matters related to intellectual property law. The 8 cover patent, trademark and trade secret matters including laws and administrative regulations and departmental rules.
China’s Supreme People’s Court Releases Guidelines for Enforcement of Intellectual Property Judgments
On December 10, 2020, China’s Supreme People’s Court released “Guidelines for Enforcement of Intellectual Property Judgments” (知识产权判决执行工作指南). The Guidelines have 29 Articles that cover the types of cases the Guidelines cover; enforcement of civil intellectual property cases; enforcement of intellectual property administrative cases; and enforcement of criminal intellectual property cases.
China’s State Administration for Market Regulation Releases Updated Regulations on Prohibiting Abuse of Intellectual Property Rights to Exclude and Restrict Competition
On November 3, 2020, China’s State Administration for Market Regulation released the Regulations on prohibiting abuse of intellectual property rights to exclude and restrict competition (关于禁止滥用知识产权排除、限制竞争行为的规定). Originally released in 2015, the Regulations were mainly amended October 23, 2020 to remove the exemption for price fixing behaviors as a monopolistic behavior covered by the regulations.