China's Patent Law stipulates that where a patent infringement dispute involves a utility model patent or a design patent, the people's court or the relevant administrative department.
Thursday, April 29, 2021
In follow up to China’s Ministry of Public Security’s press conference on April 23, 2021 regarding criminal Intellectual Property (IP) law investigations, China’s Supreme People’s Procuratorate (SPP) on April 25, 2021 released criminal IP law prosecution data and a list of typical cases. In 2020, the SPP prosecuted 12,163 people in 5,847 cases, a year-on-year increase of 7.6% and 10.4% respectively. Criminal trademark infringement cases accounted for 94.2% of the total, copyright infringement cases accounted for 5.3% of the total, and trade secret infringement cases accounted for 0.5% of the total.
An approximate translation of the 12 typical cases follow (edited for length and clarity). The full original text of the cases is available here (Chinese only) and in case of discrepancy the Chinese version should be relied on.
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China’s Supreme People’s Court Releases 46 Adjudication Rules Based on 55 Example Intellectual Property Cases from 2020 Thursday, March 11, 2021
On February 27, 2021, the Intellectual Property Tribunal of China’s Supreme People’s Court released a set of 46 rules based on a selection of 55 example cases from the 2,787 technical intellectual property (IP) cases concluded by the Court in 2020. From these 55 cases, the Tribunal refined them into 46 adjudication rules covering the trial of patent civil cases, the trial of patent administrative cases, the trial of new plant variety cases, trial of trade secret cases, trial of computer software cases, trial of IC layout design cases, trial of antitrust cases, and trials of jurisdictional and procedural issues. Summaries of the rules provided by the Tribunal follow.
Tuesday, February 9, 2021
Article 76 specifies two routes for challenging a market authorization filing for a patented drug: litigation or administrative adjudication. The above-mentioned Supreme People’s Court’s litigation regulations cover the litigation route and this draft covers the administrative adjudication route. What is lacking from both though is a time limit to adjudicate these cases. The draft joint implementing measures set a 9-month deadline for challenging a marketing authorization and it is unlikely that a complex pharmaceutical litigation involving a foreign patentee could be completed within this timeframe.
An unofficial translation draft adjudication measures follows:
Article 1 In order to handle cases involving administrative rulings on patent disputes (hereinafter referred to as administrative rulings on drug patent disputes) in the process of review and approval of drug listings in accordance with the law, these Measures are formulated in ac