On April 30, 2021, the Office of the United States Trade Representative (USTR) released its annual Special 301 Report on the adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property rights. The USTR maintained China on the priority watch list of countries, along with eight other countries, which “indicates that particular problems exist in that country with respect to intellectual property protection, enforcement, or market access for U.S. persons relying on intellectual property. ” In general, …
China’s National People’s Congress Releases English Translation of Civil Code Including Intellectual Property Law Articles
China’s National People’s Congress has recently released a translation of the Civil Code, which includes several intellectual property (IP) law related articles. Some of IP-related articles cover punitive damages for intellectual property infringement (Article 1185), the right of publicity (Articles 989 – 1001), and technology development and transfer (Articles 843 – 887). The IP-related articles are reproduced below for public record and ease of search. The full text in English is available here: Civil Code. The original Chinese text is …
TikTok Maker Sued for 2.274 billion RMB for Copyright Infringement and Trade Secret Misappropriation in China
On April 30, 2021, Meishe Technology (美摄科技) announced it has sued Beijing ByteDance Technology Co., Ltd., Beijing Weibo Vision Technology Co., Ltd. and affiliated entities for computer software copyright infringement and trade secret misappropriation relating to ByteDance’s Douyin app (the Chinese version of TikTok) and other apps. Meishe is requesting a public apology and 2.274 billion RMB (~$351 million USD) for damages and expenses. Meishe Technology was established in 2014 and provides mobile video, audio, and image processing, recognition and …
China’s National Intellectual Property Administration Releases Top Ten Cases of Patent Reexamination for 2020
On April 26, 2021, the China National Intellectual Property Administration (CNIPA) released the Top Ten Cases of Patent Reexamination for 2020 (2020年度专利复审无效十大案件发布). The cases cover a variety of technologies including pharmaceuticals, wireless communications, business methods, and more. Multiple foreign companies’ patents were challenged including Bayer, Sharp, and others. Brief summaries with links to the patents and decisions follow.