作者:何放 张玥 金杜律师事务所争议解决部

当今社会,企业及公民的知识产权意识逐渐增强。当权利受到侵害后,权利人可以提起民事诉讼,寻求民事救济;也可以向行政机构投诉,请求查处侵权行为。此外,某些触犯刑律的严重侵犯知识产权的行为,还会受到刑事制裁。那么,当权利受到严重侵犯时,权利人应该如何协助主管当局将侵权人扔进监狱呢? Continue Reading 知识产权人如何协助主管当局将侵权人扔进监狱?

By Mia Qu King & Wood Mallesons’ Dispute Resolution group

The case

  • Plaintiff: China UnionPay
  • Defendants: Jinan Daonuo Information and Technology Co., Ltd. & Shandong Yuntai Mingde Information and Technology Co., Ltd.
  • Court of Trial (Level): Shanghai Intellectual Property Court (First Instance)
  • Nature of Case (Cause of Action): Infringement of the Exclusive Right of Registered Trademark and Unfair Competition

Continue Reading Case report: How such a concealed infringement of UnionPay’s intellectual property was brought to justice in China?

By Ni Zhenhua King & Wood Mallesons’ IP group

The Chinese patent litigation market is currently booming, with one key driver behind this boom being that many foreign entities and multinational companies are now pursuing enforcement of their patents in China because of a perception that the Chinese government has created an increasingly attractive environment for patent enforcement, as symbolized by, among others steps taken, the recent establishment of specialized IP Courts in Beijing, Shanghai and Guangzhou.  These entities/companies, though increasingly enthusiastic and optimistic about patent enforcement in China, are generally not familiar with the Chinese legal system and may have concerns about local protectionism and uneven application of the law.  In this article I would like to share a list of those questions most frequently asked by our clients in relation to patent litigation in China, and provide some basic and preliminary answers thereto.

Continue Reading Most Frequently Asked Questions about Patent Litigation in China

By Xu Jing King & Wood’s IP Litigation Group

Overview

On April 20, 2011, the Supreme People’s Court of the People’s Republic of China (the “SPC”) promulgated the Annual Report on Intellectual Property Cases (2010) (the “Annual Report”), which comprises the SPC’s 43 pieces of brief comments on 36 IP cases adjudicated by the same court in 2010. Based upon the nature of the disputes, the Annual Report is categorized into seven main categories, including: (1) Patent Cases, (2) Copyright Cases, (3) Trademark Cases, (4) Unfair Competition Cases, (5) IP Related Contract Cases, (6) IP Infringement Liability, and (7) IP Litigation Evidence and Procedures.

Continue Reading IP Report: Another Year Wiser

作者:徐静 金杜律师事务所知识产权诉讼

概述

2011年4月20日,最高人民法院发布了《知识产权案件年度报告(2010)》(“年度报告”),年度报告中,最高人民法院对2010年36个已有最终结论性意见的案件作出了43条简短评析。根据知识产权争议的性质,年度报告分成了七个主要部分:(1)专利案件;(2)著作权案件;(3)商标案件;(4)不正当竞争案件;(5)知识产权合同案件;(6)知识产权侵权责任承担;(7)知识产权诉讼证据与程序。

Continue Reading 《最高人民法院知识产权案件年度报告(2010)》评析

By Denning Jin, Helen Chen of King & Wood’ s Dispute Resolution Group and Shanghai Office

Background

A number of automobile design patent infringement cases have been brought to Chinese courts in recent years, such as Honda v. Hebei Shuanghuan, FIAT PANDA v. Great Wall PERI, Neoplan v. Beijing Zhongtong Xinghua Automobile Selling Co., Ltd., et al. The hallmarks of these cases are not only the high value of the damages claimed and the importance of the outcomes which are dispositive to the market structure, but also the malleability of rule of law in the field of design patent infringement determination.

Continue Reading PRC Supreme People’s Court: Clarified Design Patent Infringement Determination

On April 21, 2009, China’s Supreme People’s Court promulgated its “Opinion on Several Issues Concerning Trials of IP Cases to Serve the Public Interest under the Current Economic Environment” In this Opinion, the Supreme People’s Court first clarifies that injunctive relief should not necessarily be granted in all intellectual property infringement cases. Under certain circumstances, the Court stated that an award of reasonable or sufficient damages can be an effective substitute for claims of injunctive relief.

 

Xu Jing, Partner, Intellectual Property

 

Continue Reading Injunctive Relief Alternatives in IP Related Cases in China