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 …
Per CNIPA, 43% of Chinese Patent Firms Have Submitted ‘Irregular’ Patent Applications
According to news reports from Chinese central government news services Xinhua and CCTV, the China National Intellectual Property Administration (CNIPA) held an administrative guidance meeting with 14 provincial intellectual property offices on May 28, 2021. The meeting focused on further regulating irregular patent application activity. At the meeting, CNIPA disclosed that a high proportion of irregular applications filed this year were filed through more than 1,400 Chinese patent firms (there were3,253 Chinese patent firms at the end of 2020, indicating …