In what some might consider a breach of several countries’ sovereignty, on August 19, 2021, the Intellectual Property Tribunal of the Supreme People’s Court affirmed a lower court ruling setting global licensing rates for standard essential patents (SEPs) including in the U.S., Germany and Japan. The Supreme People’s Court ruled in Sharp Corporation v. OPPO et al. in (2020) 最高法知民辖终517 号 that in SEP licensing disputes, Chinese courts can adjudicate royalty rates worldwide based on 1. whether the parties are …
Chinese Patent Bar Applicants Hits New High in 2021 – Over 50,000 People Applied to Take the Exam
According to announcement on September 2, 2021 from the China National Intellectual Property Administration (CNIPA), the total number of online applications for the 2021 Chinese patent bar was 50,425, a year-on-year increase of 4.63%; the number of applicants who passed the qualification review and completed payment was 47,573, a year-on-year increase of 4.99%. This compares with 1,616 applicants in 2020 for the U.S. patent bar exam.
China to Require Signing of Commitment of Good Faith When Applying for Well-Known Status for Trademarks
Starting from September 1, 2021, both applicants and their trademark agents or agency will need to sign and seal a Letter of Commitment for the Good Faith of the Parties Requesting the Protection of Well-Known Trademarks (当事人请求驰名商标保护诚信承诺书) when requesting well-known status for Chinese trademarks. Well-known status for Chinese trademarks must be requested from the China National Intellectual Property Administration or certain courts and can be useful when squatters are attempting to register or have registered an applicant’s mark.
Elite Model Look Wins Trademark Victory in Shanghai
On August 26, 2021, the Shanghai Intellectual Property Court announced a ruling on appeal in favor of Elite Licensing Company SA in a trademark infringement case. Elite is the owner and licensor of trademarks including and. Xingkong Fashion Culture Communication (Shanghai) Co., Ltd. and Chongqing Xingyuan Culture Media Co., Ltd. held “elite model” competitions in 2016 and 2017, which infringed Elite’s trademarks. The Court of first instance issued an injunction and damages of 3.5 million RMB and expenses 122,302 RMB …