On February 28, 2022, the Intellectual Property Tribunal of the Supreme People’s Court released 55 holdings (最高人民法院知识产权法庭裁判要旨摘要（2021)) from 48 typical cases from 3,460 cases concluded in 2021. The holdings cover patent administrative cases, patent civil cases, new plant variety cases, integrated circuit layout design cases, trade secret cases, computer software cases, and monopoly cases. One highlight is what might be the first “pay-for-delay” agreement in a pharmaceutical case. What is noticeable absent though is the Sharp v. Oppo litigation setting …
China’s Supreme People’s Procuratorate Released 4 Typical Cases of Enforcement of Criminal Intellectual Property Laws
On March 1, 2022, the Supreme People’s Procuratorate (SPP) held a press conference on the theme of “Strengthening Intellectual Property Procuratorial Services to Guarantee Innovation-Driven Development in the New Era,” (检察机关知识产权综合性司法保护典型案例) releasing 4 typical cases of comprehensive judicial protection of intellectual property rights by procuratorial organs. The four cases cover criminal copyright infringement, trade secret misappropriation, and criminal trademark counterfeiting. Summaries of the 4 cases follow.
China’s IP Tribunal of the Supreme People’s Court Releases Annual Report for 2021
On February 28, 2022, the Intellectual Property Tribunal of the Supreme People’s Court of China released its Annual Report for 2021. The report discloses statistics about Tribunal including average length of case, number of cases per judge, total number of cases heard, etc. The report also references accomplishments of the Tribunal.
European Union Challenges China at the WTO Over Anti-Suit Injunctions Preventing Patent Holders from Asserting Their Rights Outside of China
On February 18, 2022, the European Union (EU) made a Request for Consultations with China over anti-suit injunctions in standard essential patent (SEPs). Chinese courts have issued these injunctions blocking patent holders from enforcing their foreign patent rights outside of China (i.e., in Europe and Japan) with extensive daily fines for violators. The dispute settlement consultations that the EU has requested are the first step in World Trade Organization (WTO) dispute settlement proceedings. If they do not lead to a …