On June 10, 2021, the China National Intellectual Property Administration (CNIPA) issued the Notice of the CNIPA on the Participation of the Patent Agent Qualification Examination by Foreigners in Pilot Areas for Patent Agency (国家知识产权局办公室关于专利代理对外开放试点地区的外国人参加专利代理师资格考试的通知) announcing that foreigners who work or study within the pilot areas of Beijing, Suzhou, Nanjing, and Guangzhou can take the next patent bar examination. This implements last year’s announcement by China’s Ministry of Commerce stating that foreigners that reside in Beijing, Tianjin, Shanghai, Chongqing (21 …
L’Occitane’s 9 Million RMB Award for Trademark Infringement in China Affirmed on Appeal
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.
China’s Supreme People’s Court Clarifies That Defendant May Be Entitled to Attorney Fees and Expenses in IP Litigation
On June 3, 2021 and effective the same day, the Supreme People’s Court (SPC) issued the “Approval of the Supreme People’s Court on the Issue of the Defendant’s Request for Compensation for Reasonable Expenses in Intellectual Property Infringement Lawsuits on the Grounds of the Plaintiff’s Abuse of Rights” (最高人民法院关于知识产权侵权诉讼中被告以原告滥用权利为由请求赔偿合理开支问题的批复). The Approval is in response to a request for instructions from the Shanghai Higher People’s Court for a defendant’s request for compensation and allows for compensation in intellectual property infringement lawsuits …
China’s National Copyright Administration Releases Top Ten Criminal Infringement and Piracy Cases of 2020
On June 1, 2021, China’s National Copyright Administration (NCAC) released the Top Ten Infringement and Piracy Cases of 2020 (2020年度全国打击侵权盗版十大案件). The NCAC jointly released the cases with the National Office of Anti-Pornography in order to demonstrate the results of the work done by copyright law enforcement offices and to provide guiding cases. While China doesn’t use a common law precedent system, relevant Courts and Administrative Agencies will occasionally identify cases for guidance. Criminal copyright can be strictly enforced in China …