China’s State Administration for Market Regulation Releases Legislative Work Plan for 2022

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

On April 27, 2022, China’s State Administration for Market Regulation released the State Administration for Market Regulation on Printing and Distributing Notice of Legislative Work Plan for 2022 (市场监管总局关于印发2022年立法工作计划的通知), which includes several intellectual property laws and administrative regulations among the 69 projects identified. IP-Related laws, regulations and rules, etc. are highlighted in the tables below.  Note that the Detailed Implementation Rules of the Patent Law are not listed below but are mentioned in the text of the plan. Hopefully, the …

China’s Ministry of Public Security Announces Ten Typical Cases of Combating Intellectual Property Infringement Crimes

Posted on Categories Case, Copyright, Trade Secrets, Trademarks

According to 中国警察网, on April 21, 2022, China’s Ministry of Public Security announced “Ten Typical Cases of Combating Intellectual Property Infringement Crimes” (公安部公布打击侵犯知识产权犯罪十起典型案例). Crimes includes selling counterfeit athletic shoes, copyright infringement of various movies including the Chinese blockbuster The Battle at Lake Changjin about the Korean war as viewed from the Chinese side, counterfeit cosmetics, and fake corn seeds, etc.

China’s National Intellectual Property Administration Rules in First Batch of Patent Linkage Cases

Posted on Categories Case, Patents

On April 26, 2022, the China National Intellectual Property Administration (CNIPA) announced that is concluded the first batch of patent linkage cases related to “Oxycodone Hydrochloride Sustained-Release Tablets” from Purdue Pharmaceuticals.  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 the China National Intellectual Property Administration (CNIPA) rules that the generic does not fall within the scope of the relevant patent rights …

China’s Supreme People’s Court Releases Top 10 Intellectual Property Cases of 2021

Posted on Categories Case, Copyright, Patents, Trade Secrets, Trademarks, Unfair Competition

On April 21, 2022 China’s Supreme People’s Court (SPC) released the Top 10 IP Cases in Chinese Courts in 2021 (2021年中国法院10大知识产权案件).  The cases cover trademark infringement, unfair competition, trade secret misappropriation, antitrust, new plant variety infringement, invention patent infringement, and copyright infringement. Of particular note was Wyeth’s win for trademark infringement that resulted in a significant punitive damages award and a vanillin trade secret misappropriation case that led to one of the highest intellectual property verdicts in China.  China also …