China’s 4th Intellectual Property Law Court May Be Arriving Soon

Posted on Categories New Law, Rule or Implementing Regulation

According to a report in China’s IPRDaily.com, the 78th Chairman’s Meeting of the Standing Committee of the 13th National People’s Congress (NPC) suggesting reviewing the the Supreme People’s Court‘s proposal to establish the Hainan Free Trade Port Intellectual Property Court. The review would occur at the 24th meeting of the 13th NPC Standing Committee in Beijing from December 22 to 26.  If established, this would be the fourth Intellectual Property Court in China.

China Releases Draft Implementation Rules of the Patent Law

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

On November 27, 2020, the China National Intellectual Property Administration released the draft implementation rules for the amended Patent Law (专利法实施细则修改建议(征求意见稿)).  The draft rules cover changes required to implement the amended patent law, including patent term extension and adjustment, partial design patents, open licensing system and other areas.  The draft rules also add the right to restore priority.

Consumer Public Interest Lawsuit Seeks 21 Million RMB for Counterfeit Trademark Sales of Starbucks in China

Posted on Categories Case, Trademarks

On November 22, 2020, the Jiangsu Provincial Consumer Protection Committee announced they filed a public interest lawsuit on October 26, 2020 against Shuangshan Food (Xiamen) Co., Ltd. for selling counterfeited Starbucks coffee.  Shuangshan was previously subject to criminal prosecution for the sale of the counterfeit coffee amounting to 7 million RMB (~$1 million USD). This is the first consumer civil punitive damages public interest litigation in Jiangsu Province and the demand for compensation of 21 million RMB is the highest …