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China IP Updates: March 2022 (Issue 2)

Published on 23 Mar 2022 | 2 minute read

IP News

Shanghai Municipal Administration for Market Regulation Issued Several Measures to Strengthen the Protection of Trade Secrets
上海市市场监督管理局印发加强商业秘密保护工作若干措施

Date: 2022-03-14

To implement the requirements of the State Administration for Market Supervision to strengthen the protection of trade secrets, improve the protection system of trade secrets, intensify efforts on the protection of trade secrets, the Shanghai Municipal Administration for Market Regulation has formulated some measures to strengthen the work system of trade secret protection. It is indicated in the measures that the system improvement, the supervision and enforcement, the interface mechanism, and the organizational guarantee of the trade secrets should be promoted, to advance the work of trade secret protection in Shanghai to a new level.

According to the measures, by the end of 2022, it is expected that no less than 100 demonstration points, no less than 10 demonstration stations, and no less than 10 demonstration zones for the protection of trade secrets will be built in the city.

Data source: http://scjgj.sh.gov.cn/210/20220314/2c9bf2f67f86737b017f8747b301127b.html

 

Beijing Intellectual Property Court Released Ten Typical Cases of Anti-Monopoly and Anti-Unfair Competition
北京市知识产权法院发布竞争垄断十大典型案例

Date:2022-03-16

The Beijing Intellectual Property Court held a conference to report the top ten typical cases of competition and monopoly. The conference pointed out that Beijing Intellectual Property Court had accepted a total of 1,436 cases of anti-monopoly and anti-unfair competition and concluded 1,244 cases from its establishment in 2014 to the end of 2021. Among them, 529 cases of first instance were accepted and 470 cases were concluded, 907 cases of second instance were accepted and 774 cases were concluded. Among all the concluded cases, 652 cases were concluded by judgment, accounting for 52%; 43 cases were concluded by mediation, accounting for 3%; 45% of the cases were concluded by ruling on remand, granting withdrawal, rejecting litigation requests, and transferring jurisdiction. Among them, 184 cases of competition and monopoly were accepted in 2020, 306 in 2021, an increase of nearly 66%, and the number of competition monopoly cases is expected to exceed 500 in 2022.

The cases not only involve traditional industries such as manufacturing and service industries, and important fields such as information security and livelihood assurance, but also increasingly involve many new fields such as technological innovation and digital economy.

The top ten typical cases released by the Beijing Intellectual Property Court include: the case of an association being sued for abuse of market dominance; the case of a communication company being sued for abuse of market dominance; the case of an oil company being sued for abuse of market dominance; the unfair competition cause of "Live Browser"; the unfair competition case of renting out VIP accounts on video websites at different period; the unfair competition case of "recording while broadcasting" and "click and share"; the unfair competition case of "money-saving" plug-in; the unfair competition case of unauthorized capture of microblog background data; the unfair competition case of "Xisi Steamed Bun"; the case of infringement of trade secrets of customer list by golf operators.

Data source: https://bjzcfy.chinacourt.gov.cn/article/detail/2022/03/id/6579364.shtml

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Principal and General Branch Office Manager at Lusheng Law Firm (Rouse's strategic partner)
+86 20 8595 5800
Principal and Head of Shanghai Litigation Group at Lusheng Law Firm (Rouse's strategic partner)
+86 21 3251 9966
Principal
+86 10 8632 4000
Principal and General Branch Office Manager at Lusheng Law Firm (Rouse's strategic partner)
+86 20 8595 5800
Principal and Head of Shanghai Litigation Group at Lusheng Law Firm (Rouse's strategic partner)
+86 21 3251 9966
Principal
+86 10 8632 4000