China Launches “Iron Fist” Intellectual Property Law Enforcement Plan for 2020

Posted on Categories New Law, Rule or Implementing Regulation, Patents, Trademarks

China’s State Administration for Market Regulation (SAMR) recently released its Intellectual Property Law Enforcement Action Plan for 2020 code-named “Iron Fist.”  The key tasks of the plan include strengthening law enforcement for key commodities (e.g., anti-epidemic protective gear); strengthen law enforcement in physical marketplaces; strengthening enforcement in e-commerce; and strengthening law enforcement in the intellectual property application process (e.g., trademark application process). The plan also includes regional cooperation and information sharing with statistics collection.

Netac Wins Patent Infringement Case Against Micron for USB Drives

Posted on Categories Case, Patents

In a judgment dated April 26, 2020, the Beijing Intellectual Property Court ruled in favor of Netac Technology Co Ltd. against Micron Consumer Products Group, Inc. for patent infringement of CN1088218C.  However, damages were only 500,000 RMB (about $70,500 USD) and no injunction was awarded as the patent expired.  This contrasts with the recent ruling of 40 million RMB made in favor of Gree. The case # is (2017)京73民初323号 .

Guangzhou Intellectual Property Court OKs Parallel Imports

Posted on Categories Case, Trademarks, Unfair Competition

In a trio of cases dated May 6, 2020, the Guangzhou Intellectual Property Court allowed the parallel import of lightning surge protectors from Singapore into China. Parallel import is the import of a non-counterfeit product from another country without the permission of the intellectual property owner. Specifically, in cases(2019)粤73民终6944号, (2019)粤73民终6975号, and (2019)粤73民终6976号 the Guangzhou Intellectual Property Court held on appeal that parallel importation by Guangdong Shifu Electric Industrial Co., Ltd. (广东施富电气实业有限公司) of the genuine surge protectors did not violate Chinese …

Guangdong Higher People’s Court Affirms 40 Million RMB Award on Utility Model Patent

Posted on Categories Case, Patents

In a decision released April 20, 2020, the Guangdong Higher People’s Court affirmed an award of 40 million RMB (about $5.6 million) including punitive damages to Zhuhai Gree Electric Appliance Co., Ltd. (hereinafter, Gree) in case no. (2020)粤执复117号.   The defendant, Ningbo Aosheng Trading Co., Ltd. (hereinafter Aosheng), had appealed from a ruling by the Guangdong Intermediate People’s Court of Guangzhou that it infringed CN201242223Y for an indoor air conditioner.  Several factors stand out about this judgement including the relatively high …