12 May 2021
Case Spotlight
Supreme People's Procuratorate Published Typical Cases of Intellectual Property Protection of Procuratorial Organs in 2020 最高检发布2020年度检察机关保护知识产权典型案例
Date: 2021-04-25
On 25 April 2021, the Supreme People's Procuratorate published intellectual property protection typical cases by procuratorial organs in 2020. There are 12 typical cases, including 4 trade secret infringement cases, 4 copyright infringement cases, 2 trade mark infringement cases and 2 civil and administrative intellectual property cases.
Trade secret infringement cases
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Case 1: Trade secret infringement concerning Beijing Huajie Information Technology Co., Ltd., Li Jia and others;
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Case 2: Commercial secret infringement concerning Defendant Zhao from Shandong;
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Case 3: Trade secret infringement concerning Shanghai Wanchao Company, Defendant Yu and others;
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Case 4: Trade secret infringement concerning Defendant Zhou in Zhejiang;
Copyright infringement criminal cases
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Case 5: Copyright infringement case concerning Defendant Li and others in Shanghai;
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Case 6: Copyright infringement case concerning Defendant Ma and others in Jiangsu;
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Case 7: Copyright infringement case concerning Defendant Liu and others in Sichuan;
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Case 8: Copyright infringement appeal concerning Shenzhen Mingke Phantom Technology Co., Ltd., Defendant Wang and others in Guangzhou;
Trademark infringement criminal cases
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Case 9: Case involving the counterfeit of registered trade marks concerning Defendant Yu;
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Case 10: Case involving the counterfeit, sale and illegal manufacture of registered trademarks concerning Defendant Lu in Jiangsu;
Civil and administrative intellectual property cases
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Case 11: Trade mark infringement dispute between Beijing Anshi Venture Technology Development Co., Ltd. and Beijing Zhenghong Taida Building Materials Co., Ltd.;
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Case 12: Failure of the Market Supervision Administration of Xiamen City, Fujian Province to enforce the court’s judgement.
Arbitration is also the preferred method of dispute resolution for cases involving China because foreign judgments are not enforceable there. While the Chinese courts are an option – and despite the substantial improvement in the Chinese IP litigation system – many parties prefer to arbitrate dispute rather than litigate.
The COVID-19 pandemic has seen intense cooperation efforts in the pharmaceutical and life sciences areas as well as significant leaps in the development and use of technology, all of which may in the longer term lead to disputes over the scope and terms of the cooperation agreements and rights to inventions and other developments.
Rouse’s Global Head of Dispute Resolution, Doug Clark, will talk about how he sees the future of IP dispute resolution in Asia, focussing on China, as well as the various options for arbitration IP disputes in Asia. In doing so he will discuss key issues that have arisen in recent arbitration disputes he has handled both as an arbitrator and as counsel.
rtan@rouse.com
