Supreme People’s Court Upholds China’s First Patent Linkage Ruling – Decision Released

Posted on Categories Case, Patents

On August 28, 2022, 知识产权那点事 published the first patent linkage decision from the Supreme People’s Court (SPC). The SPC upheld the Beijing IP Court ruling that Wenzhou Haihe Pharmaceutical Co., Ltd.’s application for marketing authorization for a generic form of “Aidecalcidol Soft Capsule” did not fall within scope of protection of the relevant patent. China’s patent linkage system prevents marketing authorization for a generic prior to the expiration of the patent term on the branded equivalent unless the Beijing IP Court or …

Vans Wins Triple Punitive Damages in Chinese Trademark Infringement Case

Posted on Categories Trademarks

On August 18, 2022, the Ruian City People’s Court announced a ruling in favor of Vans against a shoe manufacturer award triple punitive damages in a trademark infringement case.  Vans was awarded 2,428,226 RMB as well an injunction, which was recently upheld on appeal. The shoe manufacturer was also subject to administrative fine and seizures previously.

Police Raids Crack Two Cases Valued at More than 110 Million RMB in Counterfeit e-Cigarettes in Hezhou, China

Posted on Categories Case, Trademarks

Illustrating criminal IP Laws can be a good enforcement mechanism in China, an August 15, 2022 post by Hezhou Radio and Television stated that on May 25, 2022, the Pinggui Branch of Hezhou Public Security Bureau cracked a case of counterfeiting trademarked electronic cigarettes. Eight people were arrested on the spot, and more than 30,000 electronic cigarettes, nearly 200,000 cartons, and nearly 200 barrels of raw materials were seized. The production equipment such as soldering machines, oil filling machines, testing …

Shanghai Administration for Market Supervision Releases Typical Cases Including Counterfeit Nike and Champion Brand Children’s Clothing

Posted on Categories Case, Trademarks

On August 23, 2022, the Shanghai Administration for Market Supervision released a set of typical cases from its Three-Year Action Plan for the Quality and Safety Protection of Children’s and Student Products in Shanghai (2021-2023) (上海市儿童和学生用品质量安全守护三年行动方案(2021—2023年)).  The Action Plan has so far yielded 8.1014 million RMB ($1.181 million USD) in fines and the first case of the release involves 7.2 million RMB in counterfeit Champion and Nike children’s clothing.