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      China IP Highlights: April 2021 (Issue 3)

      Published on 30 Apr 2021 | 10 min read

      Laws & Regulations

      The Supreme People's Court Published Intellectual Property Protection White Paper (2020)
      最高法发布《2020年知识产权司法保护白皮书》

      Date: 2021-04-22

      The Supreme People's Court released a white paper entitled "Judicial Protection of Intellectual Property Rights in Chinese Courts 2020" (the "White Paper"), which provides a comprehensive overview and summary of the trial work of intellectual property cases in the People's Courts in 2020. The White Paper shows that in 2020, the People's Courts accepted 525,618 new cases of first instance, second instance and applications for retrial, and concluded 524,387 cases, an increase of 9.1% and 10.2% respectively from 2019.

      In 2020, the Supreme People's Court received 3,470 new civil intellectual property cases and concluded 3,260 cases, an increase of 38.58% and 64.98% respectively over 2019. Local people's courts at all levels received 443,326 new civil first instance cases of intellectual property and concluded 442,722 cases, an increase of 11.1% and 12.22% respectively over 2019. Among them, there were 28,528 patent cases, a year-on-year increase of 28.09%; 78,157 trade mark cases, a year-on-year increase of 19.86%; 313,497 copyright cases, a year-on-year increase of 6.97%; 3,277 technical contract cases, a year-on-year increase of 4.53%; 4,723 competition cases, a year-on-year increase of 14.41%; and 15,144 miscellaneous intellectual property cases, a year-on-year increase of 34.96% Local people's courts at all levels received 42,975 new civil second instance intellectual property cases and concluded 43,511 cases, a year-on-year decrease of 13.54% and 10.67% respectively.

      In 2020, civil intellectual property cases with great impact heard by the People's Courts included the dispute between Huawei Technologies and Conversant Wireless Licensing on the infringement of patent rights and standard-essential patent licenses, and the dispute between Red Bull and T.C. Pharmaceutical Industries on trade mark ownership and appeal.

      In 2020, the Supreme People's Court received 1,909 new administrative intellectual property cases and concluded 1,735 cases, an increase of 79.08% and 96.27% respectively over 2019. Local people's courts at all levels accepted 18,464 new intellectual property administrative cases of first instance, an increase of 14.44% from 2019, and concluded 17,942 cases, an increase of 4 cases from 2019. Among them, there were 1,417 new patent cases accepted, a year-on-year decrease of 14.69%; 17,305 trade mark cases, a year-on-year increase of 17.83%; and 12 copyright cases, a decrease of 4 cases from 2019. Local people's courts at all levels received 6,092 new intellectual property administrative second-instance cases and concluded 6,183 cases, a year-on-year decrease of 16.59% and a year-on-year increase of 4.06% respectively over 2019. Among them, 4,828 cases were upheld, 1,214 cases were re-sentenced, 2 cases were remanded for retrial, 114 cases were withdrawn, 4 cases were dismissed from prosecution and 21 cases received other results.

      In 2020, the People's Court heard administrative cases of intellectual property with great impact: the administrative dispute over invalidation of invention patent between Apple and the CNIPA, Shanghai Zhizhen Intelligent Network Technology Co., Ltd., and the administrative dispute between Budweiser and the CNIPA over the rejection and reexamination of a trade mark application.

      Source: https://mp.weixin.qq.com/s/Xpo4EZcbgjzChSHxqp9pIQ

       

      The Supreme People's Court Published the People's Court Intellectual Property Judicial Protection Plan (2021-2025)
      最高法发布《人民法院知识产权司法保护规划(2021-2025年)》

      Date: 2021-04-22

      On April 22, 2021, the Supreme People's Court held a press conference and released the "People's Court Judicial Protection Plan for Intellectual Property Rights (2021-2025)" (the "Plan").

      The Plan defines the guiding ideology, basic principles, overall objectives and key work initiatives for the judicial protection of intellectual property during the 14th Five-Year Plan period. The Plan proposes that by 2025, substantial progress will be made in the modernization of the intellectual property trial system and trial capacity, the judicial protection of intellectual property will be significantly improved, the judicial credibility, influence and authority will be significantly enhanced, the function of intellectual property trials in stimulating and protecting innovation, scientific and technological progress and social development will be further highlighted, and the judicial capacity to serve the overall needs of the Party and the State will be further enhanced.

      The Plan specifies that the judicial protection of intellectual property rights in key core technologies, emerging industries, key fields and seed sources should be increased, the protection system for layout design of integrated circuits and computer software should be strictly implemented, promote the construction of an innovation service system, enhance the capacity of independent innovation, and promote for upgrades in the technology industry. Monopoly disputes in the Internet field should be properly handled, improve the rules of anti-monopoly adjudication in the platform economy, and prevent disorderly expansions of capital. The government will also strengthen the construction of an appeal mechanism for intellectual property cases at the national level, promote the improvement of the layout of specialized intellectual property adjudication institutions, strengthen the link between administrative enforcement and justice, and enhance the mechanism for international cooperation and competition in intellectual property.

      Source: http://www.court.gov.cn/fabu-xiangqing-297981.html

       

      The Supreme People's Procuratorate Published the Work Overview of Intellectual Property Procuratorial Protection in 2020
      最高检发布《2020年知识产权检察工作概况》

      Date: 2021-04-25

      In 2020, the PRC procuratorial organs will intensify their efforts in punishing and approving the arrest, prosecution and litigation of crimes involving intellectual property rights in accordance with the law. Procuratorial organs nationwide approved and arrested 3,918 cases and 7,155 people of crimes involving intellectual property rights, a year-on-year decrease of 9.8% and 3.7% respectively, and prosecuted 5,847 cases and 12,163 people, a year-on-year increase of 7.6% and 10.4% respectively. From the prosecution data, trade mark infringement cases accounted for 94.2% of the total cases, copyright infringement cases accounted for 5.3%, and trade secret infringement crimes accounted for 0.5%. The procuratorial organs promptly rectified issues such as unremoved cases in the field of infringement of intellectual property rights, failure to file cases, improper case filing, imposing penalties in place of penalties, and unfair judgments. On the recommendation of procuratorial organs, 228 criminal cases suspected to involve intellectual property infringement and 262 persons were transferred by administrative law enforcement organs. Under the supervision of the PRC procuratorial organs, 181 cases involving 230 people were registered and 243 cases involving 304 people were withdrawn by the public security organs. Supervision of trials were carried out in accordance with the law, criminal judgments that were definitively wrong were amended, and a total of 57 appeals of second instance and trial supervision were put forward.

      Source: https://www.spp.gov.cn/spp/xwfbh/wsfbt/202104/t20210425_516525.shtml#2

       

      Laws & Regulations

      Top 10 Intellectual Property Cases and 50 Typical Intellectual Property Cases in Chinese Courts in 2020
      2020
      年中国法院10大知识产权案件和50件典型知识产权案例

      Date: 2021-04-22

      Top 10 Intellectual Property Cases in Chinese Courts in 2020:

       

      1. Administrative dispute on the invalidation of invention patent rights between Apple and the CNIPA and Shanghai Zhi Zhen Intelligent Network Technology Co.;
      2. Three cases between Huawei and Conversant Wireless Licensing involving the infringement of patent rights and standard-essential patent licenses;
      3. Trade mark ownership dispute between Red Bull and T.C. Pharmaceutical Industries;
      4. Dispute over the infringement of exclusive right of integrated circuit layout designs between Xysemi and Shenzhen Yusheng Technology Co., Ltd., Hu Caihuan, Huang Jiandong, Huang Sailiang;
      5. Dispute over profit distribution between Wuhan Atlantic Metallurgical Engineering & Technology and Song Zuxing Company;
      6. Standard essential patent licensing case between OPPO and Sharp, ScienBiziP;
      7. Copyright infringement dispute between Shanghai Xuanting Entertainment Information Technology Co.,Ltd. and Chengdu Jiqian Technology Co., Ltd., 4399 Network Co., Ltd.;
      8. Unfair competition dispute between Tencent and Zhejiang Soudao, Hangzhou Juketool;
      9. Monopoly case between Huizhou Huanchang Yibai Entertainment Co., Ltd. and China Audio-Video Copyright Association;
      10. Copyright infringement committed by Li Haipeng and 9 others.

       

      50 Typical Intellectual Property Cases in Chinese Courts in 2020:

      Disputes over patent ownership and patent infringement

      1. Utility model patent infringement dispute between Hangzhou Chic Intelligent Technology Co., Ltd. and Zhejiang Bosu'er Sports Instrument Limited Company;
      2. Invention patent infringement dispute between Jilin Northeast Ecological Agriculture Development Co., Ltd. and Jikang Green Valley Planting Professional Cooperative in Changyi District, Jilin;
      3. Invention patent infringement dispute between Sogou and Baidu, Shanghai Tianxi Trading Co., Ltd.;
      4. Dispute between Wang Chun and Wuhan DR Laser Technology, Li Zhigang, Zhuhai Yuemao Technology Industry Co.,Ltd. on the patent inventorship and rights for invention-creations;

      Trade mark infringement cases

      1. Trade mark infringement and unfair competition dispute between Aimer Co.,Ltd. and Guangzhou Aimu Underwear Co., Ltd.;
      2. Trade mark infringement dispute between Tianjin Hualian Commercial Building Enterprise Management Co., Ltd. and Caiyuanli Food Store in Xiqing District, Tianjin;
      3. Trade mark infringement dispute between Shanxi Xinghuacun Fen Wine Factory Co.,Ltd. and Shen Hongbo, Xu Chao;
      4. Trade mark infringement dispute between Xiaomi and Zhang Yanqiu;
      5. Trade mark infringement dispute between Southcorp Brands and Huaian Huaxia Manor Winery Co., Ltd.;
      6. Trade mark infringement and unfair competition dispute between China Resources Intellectual Property Management Co., Ltd. and Leping China Resources Real Estate Co., Ltd.;
      7. Trade mark infringement and unfair competition dispute between Tencent and Shenzhen Xiaofeiyu Mobile Technology Co., Ltd., Shenzhen Fengling Animation Co., Ltd, Electronic Products Department of Sunfang in Lixia District, Jinan, Huang Yugao, Gong Lang;
      8. Trade mark infringement and unfair competition dispute between Hunan Palladium Pharmaceutical Co.,Ltd. and Wuhan Dongxin Pharmaceutical Technology Co., Ltd., Wuhan Tiandi Renhe Pharmaceutical Co., Ltd., Guangdong Hengjintang Pharmaceutical Chain Co., Ltd.;
      9. Trade mark infringement dispute between Michelin and Ningbo Jiaqi Arts And Crafts Limited Company;
      10. Trade mark infringement dispute between Guangzhou Junyi Information Technology Co., Ltd. and Shenzhen Hebao Financial Information Consultancy Co., Ltd.;
      11. Trade mark infringement and unfair competition dispute between Chongqing Pangzi Tianjiao Rongxing Food Co., Ltd. and Old Pier Chongqing;
      12. Trade mark infringement dispute between Chongqing Jiafu Fuqiao Health Industry Co., Ltd. and Tibet Fuqiao Trading Company;
      13. Trade mark infringement and unfair competition dispute between Shaanxi Huaqing Palace Cultural Tourism Co., Ltd. and Xi'an Huaqingsheng Tangtangquan Hotel, Jiang Zhigang, Xi'an Huaqinghui Enterprise Management Co., Ltd.;
      14. Trade mark infringement dispute between Aksu Apple Association and Xining Chengbei Xingmin Vegetable and Fruit Firm;

      Copyright ownership and copyright infringement cases

      1. Copyright ownership and infringement dispute between Fuzhou Dade Culture Communication Co., Ltd. and Ningxiang County Royal Nobles Philharmonic;
      2. Dispute over infringement of right to network dissemination of information between Youku and Baidu;
      3. Dispute over infringement of right to network dissemination of information between COL Digital Publishing and JD.com;
      4. Copyright infringement dispute between Beijing Wanmei Jianxin Film and Television Culture Co., Ltd. and Nangong Radio & Television Station;
      5. Copyright infringement dispute between Sun Debin and Shanghai Educational Publishing House;
      6. Copyright infringement dispute between Bermu Culture and Songcheng Performance, Lijiang Chama Ancient City Tourism Development Co., Ltd.;
      7. Copyright infringement and unfair competition dispute between Zhejiang Shenghe Network Technology Co., Ltd., Kingnet Network Co and Suzhou Xianfeng Network Technology Co., Ltd.;
      8. Dispute over infringement of right to network dissemination of information between Henan Silver City Film & Television Production Co., Ltd. and Youku;
      9. Copyright infringement and unfair competition dispute between Tencent and Shanghai Yingxun Technology Co., Ltd.;
      10. Copyright ownership and infringement dispute between Qiu Huaian, Qiu Huaifen, Zeng Junfu and Guizhou Museum, Guizhou People Publishing House Books Publishing Company, Xi'an Academy of Fine Arts, People's Government of Shiqian County, Tongren City, Guizhou Province;

      Unfair competition and monopoly cases

      1. Unfair competition dispute between Jiangsu Susa Food Co., Ltd. and Jiangsu South Orchard Biotechnology Co., Ltd.;
      2. Monopoly dispute between Zhang Renxun and Wuqiao Building Materials Industry Co., Ltd. in Yibin City, Sichuan Province, Cao Peijun, Yibin Zhuanwa Association, Yibin Hengxu Investment Group Co., Ltd, Yibin County Sihe Building Material Co., Ltd., Yibin Chuangli Machine Brick Co., Ltd.
      3. Unfair competition dispute between Lufax and Xi'an Luzhitou Software Technology Co., Ltd.;
      4. Trade secret infringement between Zhuhai Qianyou Technology Co.,Ltd, Zhuhai Pengyou Network Technology Co., Ltd. and Shenzhen Strategy One Two Three Network Co., Ltd., Shanghai Nanpai Network Technology Co., Ltd., Xu Hao, Xiao Xin;
      5. Unfair competition dispute between Changsha Wenhexin Catering Culture Management Co., Ltd. and Old Floating Bridge Lobster Restaurant in Chengzhong District, Liuzhou City;
      6. Unfair competition dispute between Hainan Provincial Salt Industry Corporation and Jiangsu Jinqiao Salt Manufacturing Co., Ltd., Haikou Fangwei Logistics Co., Ltd., Hainan Weifang Salt Industry Co., Ltd., Li Cunrong;
      7. Unfair competition dispute between Tencent and Shutui (Chongqing) Network Technology Co., Ltd., Tan Wang;
      8. Unfair competition dispute between Chengdu No. 7 Middle School and Meishan Guancheng No. 7 Middle School Experimental School in Sichuan Province;
      9. Unfair competition dispute between Yunnan Baiyao Group and Yunnan Nuote Golden Ginseng Oral Care Products Co., Ltd.;
      10. Trade secret infringement dispute between Lanzhou Chengguan District New Oriental School and Li Hu, Huang Lina, Wu Dan, Lanzhou Qilihe District Elite English Training School;

      Disputes over new plant varieties, technical contracts and prohibitory injunctions

      1. New plant variety rights infringement dispute between Limagrain China and Xinjiang Xinonghuimin Agricultural Technology Co., Ltd., Kedong County Golden Sunshine Seed Distribution Office, Heilongjiang Sunshine Seed Industry Co., Ltd.;
      2. Technology commissioned development contract dispute between Xiamen Zhuoya Technology Co., Ltd. and Keeko, Zeng Qingli;
      3. Unfair competition dispute between Alipay and Jiangsu Zebra Software Technology Co., Ltd.;

      Administrative intellectual property cases

      1. Administrative dispute case for invalidation of invention patent right between Apple Electronic Products Trading (Beijing) Co., Ltd. and the CNIPA, Ren Xiaoping, Sun Jie, Apple Computer Trading (Shanghai), Ltd.;
      2. Administrative dispute case for invalidation of invention patent right between Ericsson and the CNIPA, Huawei;
      3. Administrative dispute over review of rejection of a trade mark application between Budweiser and the CNIPA;
      4. Administrative dispute over the invalidation of a trade mark between Yunnan Ze Road Tea Industry Co., Ltd. and the CNIPA, Shi Yilong;

      Criminal intellectual property cases

      1. Copyright infringement concerning Ma Zhenyu and 4 others;
      2. The sale of counterfeit registered trade marks concerning Zhenjiang Huaye Automotive Products Co., Ltd., Danyang Fengyi Plastic Products Co., Ltd., Jiang Qihua and 6 others;
      3. The sale of counterfeit registered trade marks concerning ABB Ltd. against Zhang Yefeng, Wuhu Didun Electric Trading Co., Ltd.;
      4. Commercial secret infringement concerning 6 persons, including Jiang Jianhui; and
      5. The sale of counterfeit registered trade marks concerning 4 persons, including Kong Dandan.

      Source: http://www.court.gov.cn/zixun-xiangqing-297991.html

       

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      Principal, Global Head of Dispute Resolution
      +852 3412 4004
      Principal, Global Head of Trade Marks
      +852 3412 4008
      Principal, Head of Shanghai Litigation Group
      +86 21 3251 9966
      Senior Partner, Head of Litigation Group & Principal, Lusheng Law Firm (a Member of the Rouse Network)
      +86 10 8632 4100
      Principal, Partner at Lusheng Law Firm
      +86 10 8632 4100
      Principal, Global Head of Dispute Resolution
      +852 3412 4004
      Principal, Global Head of Trade Marks
      +852 3412 4008
      Principal, Head of Shanghai Litigation Group
      +86 21 3251 9966
      Senior Partner, Head of Litigation Group & Principal, Lusheng Law Firm (a Member of the Rouse Network)
      +86 10 8632 4100
      Principal, Partner at Lusheng Law Firm
      +86 10 8632 4100