On September 14, 2023, China’s Supreme People’s Court (SPC) released the 2023 People’s Courts Typical Anti-Monopoly and Anti-Unfair Competition Cases (2023年人民法院反垄断和反不正当竞争典型案例) in conjunction with the 2023 China Fair Competition Policy Publicity Week. A total of 10 typical cases were released this time, including 5 typical anti-monopoly cases and 5 typical anti-unfair competition cases. A translation of the IP-related case case summaries from the SPC follows.
China’s Supreme People’s Court Again Affirms Right to Set Global Licensing Rates for Standard Essential Patents
On September 4, 2023, China’s Supreme People Court’s (SPC) affirmed that Chinese courts have jurisdiction over global licensing rates for standard essential patents (SEPs) belonging to InterDigital. In case (2023) 最高法知民辖终282 号, the SPC upheld case (2022)粤73民初195号 where OPPO requested that the Guangzhou Intellectual Property Court rule that the determination of global fair, reasonable, and non-discriminatory (FRAND) licensing terms for SEPs held by Inter Digital (IDT) are subject to Chinese jurisdiction. This follows similar rulings in OPPO vs. Sharp and …
Belgian Artist Christian Silvain Wins Copyright Suit Against Sichuan Academy of Fine Arts Professor at Beijing IP Court
On August 24, 2023, the Beijing Intellectual Property Court announced a ruling for Belgian artist Christian Silvain against Sichuan Academy of Fine Arts Professor Ye Yongqing. The Court ruled that Ye infringed the copyright of Silvain in his paintings and ordered Ye to pay Silvain 5 million RMB, publish an apology in the Global Times newspaper and cease infringement. This is believed to be the highest damages award in China in a fine-arts case.
China’s National Intellectual Property Administration Releases Typical Cases of Abnormal Patent Applications
On September 4, 2023, China’s National Intellectual Property Administration (CNIPA) released the Typical Cases of Abnormal Patent Applications (非正常专利申请典型案例). These Typical Cases “warn irregular patent application actors, and promote the improvement of patent application quality” per CNIPA. As China moves from quantity to quality, China’s National Intellectual Property Administration (CNIPA) has been rejecting patent applications for being irregular or abnormal, including almost 1 million patent applications in 2022. This move from quantity to quality may also be behind the 25% …