On April 20, 2023, China’s Supreme People’s Court (SPC) released the Top 10 Intellectual Property Cases in Chinese Courts in 2022 (2022年中国法院10大知识产权案件). The cases include the first patent linkage case, trademark infringement, unfair competition in search engine optimization, criminal counterfeiting of registered trademarks, non-fungible tokens (NFTs) and others. The list of cases along with an explanation of each as provided by the SPC follow.
China’s Supreme People’s Court Releases Report on Status of Judicial Protection of Intellectual Property Rights in Chinese Courts – IP Litigation Down 20.3% in 2022
On April 20, 2023, China’s Supreme People’s Court released a second report entitled Status of Judicial Protection of Intellectual Property Rights in Chinese Courts (2022) (中国法院知识产权司法保护状况（2022年)). This follows the earlier Annual Report of the Intellectual Property Court (IPC) for 2022 released on March 30, 2023. The earlier report focused on the Supreme People’s Court’s IP Tribunal while this second report deals with IP litigation throughout China’s court system. Some highlights of the second Report include: In 2022, local people’s courts …
China’s Ministry of Public Security Announces 10 Typical Cases of Strengthening Protection of Intellectual Property Rights via Criminal Law Enforcement
On April 19, 2023, China’s Ministry of Public Security (MPS) announced 10 typical cases of strengthening protection of intellectual property rights via criminal law enforcement and supporting comprehensive innovation (公安部公布加强知识产权刑事保护支持全面创新10起典型案例). The MPS also stated that “in 2022, a total of 27,000 criminal cases of intellectual property infringement and the production and sale of counterfeit and inferior commodities were cracked, effectively curbing the frequent occurrence of such crimes.” The announcement from the MPS follows.
China to Grade Patent Agencies Nationwide Starting May 1, 2023
China’s National Intellectual Property Administration (CNIPA) released the Administrative Measures for Credit Evaluation of Patent Agencies (Trial) (专利代理信用评价管理办法(试行)) on April 11, 2023 and effective May 1, 2023. The Measures follow up on the trial implementation in a few provinces and the Draft Measures issued on October 8, 2022. Low grades will lead to increased inspections and other penalties.