The State Council Issues Opinions on Further Optimizing the Foreign Investment Environment and Increasing Efforts to Attract Foreign Investment
Date: 13 August 2023
The recently issued Opinions aim to attract foreign investment by further improving the relevant business environment in China. The Opinions propose 24 policy measures in six major areas including the utilization of foreign investment; ensuring national treatment for foreign investment enterprises; and continuously strengthening the protection available to foreign investment. In terms of the protection available for foreign investment, the Opinions emphasize the need to strengthen the administrative protection of intellectual property rights, improve the administrative adjudication system for patent infringement disputes, and enhance the enforcement of administrative adjudication. The Opinions also encourage reliance on intellectual property workstations for processing applications for copyrights, patents, trademarks and other intellectual property rights during product exhibitions, and provide effective preventive measures against infringement. In addition, the Opinions also make it clear that it is necessary to intensify the administrative enforcement of intellectual property rights, crack down on the infringement of intellectual property rights of foreign investment enterprises, and carry out special enforcement actions against cross-regional and related infringement actions. For cases with clear facts and solid evidence, the enforcement process should be accelerated in accordance with the law with appropriately simplified procedural requirements.
Source: The State Council
https://www.gov.cn/zhengce/content/202308/content_6898048.htm
The State Council issued the “Opinions on Further Optimizing the Foreign Investment Environment and Increasing Efforts to Attract Foreign Investment”
Date of issue: 2023-08-13
The “Opinions” propose 24 policies and measures in 6 aspects, including improving the quality of utilizing foreign capital, ensuring national treatment for foreign-invested enterprises, and continuing to strengthen foreign investment protection. In terms of protecting foreign investment, the “Opinions” pointed out that it is necessary to strengthen the administrative protection of intellectual property rights, improve the administrative adjudication system for patent infringement disputes, and increase the enforcement of administrative adjudication. Support various regions to rely on the exhibition intellectual property workstation to accept applications for copyrights, patents, trademarks and other intellectual property rights for exhibiting products, and provide effective measures to prevent infringement. In addition, the “Opinions” also clarify that it is necessary to increase administrative enforcement of intellectual property rights, resolutely crack down on infringements of intellectual property rights of foreign-invested enterprises, and carry out special law enforcement actions against cross-regional and chain infringement violations. Accelerate the processing of cases with clear facts and conclusive evidence in accordance with the law, and appropriately simplify procedural requirements.
Source: State Council
News link: https://www.gov.cn/zhengce/content/202308/content_6898048.htm
The SPP Publishes Information on Characteristics of Crimes Involving Intellectual Property Rights in the First Half of 2023
Date: 4 August 2023
The Supreme People’s Procuratorate (SPP) has published information in relation to the cases involving intellectual property crimes that were accepted in the first half of 2023. During this period, the procuratorates throughout China accepted cases involving 11,675 persons suspected of having committed intellectual property infringement crimes, a year-on-year increase of 36.1%. The crimes fell into the following categories. First, a high proportion, 88.9%, of the cases involved trademarks, with an increase in cases involving new forms of infringement and emerging fields. There is increased criminal activity in relation to the sale of refurbished electronic products posing as new products, and the utilization of live streaming platforms to sell counterfeit goods. Secondly, there is an increasing number of new cases involving copyright infringement. The procuratorates accepted cases against 1122 individuals involved in the crime of copyright infringement, a year-on-year increase of 89.7%. In addition to traditional cases involving the production and sale of pirated books, new types of infringements such as the use of reverse engineering to extract, reproduce and distribute the computer software of others, and the use of information network technology to illegally grab and disseminate literary and film works, have continued to emerge. Thirdly, the procuratorates accepted cases against 167 persons for crimes relating to trade secrets, a year-on-year increase of 89.8%. A large number of these involved internal employees. In terms of the type of trade secrets involved, the main types were software source code, technical solutions, equipment drawings, and other technical information.
Source: SPP
https://www.spp.gov.cn/xwfbh/wsfbh/202308/t20230804_623890.shtml
The Supreme People’s Procuratorate discloses the characteristics of intellectual property-related crimes in the first half of 2023
Date: 2023-08-04
The Supreme People’s Procuratorate released the situation of procuratorial organs accepting, examining and prosecuting crimes of intellectual property infringement in the first half of the year. In the first half of 2023, procuratorial organs across the country accepted, examined and prosecuted 11,675 people for crimes of intellectual property infringement, a year-on-year increase of 36.1%. Crimes of intellectual property infringement show new characteristics in the following three aspects: First, crimes of trademark infringement account for a high proportion, and cases in new business formats and new fields increase. In the first half of 2023, the procuratorial organs accepted, examined and prosecuted 10,384 people for trademark infringement crimes, accounting for 88.9% of the number of people accepted for intellectual property infringement crimes. Crime is gradually spreading to emerging industries, such as refurbished electronic products being sold as new. Some criminals use live streaming to sell counterfeit products. Second, new cases of copyright infringement occur frequently, and criminal methods become more technical. In the first half of 2023, the procuratorate accepted and prosecuted 1,122 people for copyright infringement crimes, a year-on-year increase of 1.9 times. In addition to traditional types of cases such as the production and sale of pirated books, new infringement cases such as the use of reverse engineering to extract and copy and distribute other people’s computer software, and the use of information network technology to illegally crawl and disseminate other people’s literary, film and television works are constantly emerging. Third, the crime of infringing on trade secrets is very harmful, and the proportion of crimes committed by internal employees is high. In the first half of 2023, the procuratorate accepted, examined and prosecuted 167 people for crimes of infringement of trade secrets, a year-on-year increase of 89.8%. In terms of types of trade secrets, software source code, technical solutions, equipment drawings and other technical information are the main types.
Source: Supreme People’s Procuratorate
News link: https://www.spp.gov.cn/xwfbh/wsfbh/202308/t20230804_623890.shtml
The National Copyright Administration and Three Other Departments Jointly Launch Sword Net 2023 Special Action
Date: 29 August 2023
The National Copyright Administration, the Ministry of Industry and Information Technology, the Ministry of Public Security and the Cyberspace Administration of China jointly launched Sword Net 2023 Special Action to combat online copyright infringement and piracy, which would take place from August to November 2023. The Sword Net 2023 Special Action focuses on three areas. First, sports events, on demand cinemas, and cultural and creative products. Copyright protection for key sports event programs will be strengthened; for example, combating unauthorized and illegal broadcasting of sports events such as the Hangzhou Asian Games and Asian Para Games. The copyright supervision for on demand cinemas and private theaters will also be strengthened, as well as the protection of copyright for cultural and creative products in museums, art galleries, libraries, and other cultural and creative institutions. Secondly, online videos, online news and audiobooks. Proposed action included copyright protection for key video websites (APP) and crackdown on copyright infringement in short videos and the unauthorized reproduction and dissemination of news. Thirdly, e-commerce platforms, browsers and search engines. Special rectification measures for copyright issues arising on e-commerce platforms and the regulation of unauthorized dissemination of online literature and videos by browsers and search engines.
The Sword Net 2023 Special Action is the 19th consecutive effort carried out by China to combat online copyright infringement and piracy. Since 2005, the National Copyright Administration and other departments have carried out consecutive special rectification actions to deal with online copyright infringement and piracy, which has effectively deterred such behaviors.
Source: The Chinese Central Government’s Official Website
https://www.gov.cn/lianbo/bumen/202308/content_6900802.htm
The National Copyright Administration and other four departments jointly launched the “Jianwang 2023 ” special action
Date: 2023-08-29
The National Copyright Administration, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the State Internet Information Office jointly launched the “Sword Net 2023” special operation to combat online infringement and piracy, which will last from August to November 2023. The “Jianwang 2023” special action will focus on three aspects to carry out rectification. First, focusing on sports events, on-demand cinemas, cultural museums and cultural and creative industries, it is necessary to strengthen the copyright protection of key sports event programs and crack down on unauthorized and illegal dissemination. Regarding the conduct of sports event programs such as the Asian Games and Asian Paralympic Games, it is also necessary to strengthen the copyright supervision of on-demand theaters and private movie bars and the copyright protection of cultural and creative products of museums, art galleries, libraries and other cultural and cultural institutions. Second, focus on online videos, online news, and audiobooks, carry out in-depth copyright supervision of key video websites (APPs), and rectify short video infringements and unauthorized reprints of news works. Third, focus on e-commerce platforms, browsers, and search engines, carry out special rectification of copyright on e-commerce platforms, and focus on regulating the unauthorized dissemination of online literature, online videos, etc. by browsers and search engines.
The “Jianwang 2023” special action is China’s 19th special action to combat online infringement and piracy. Since 2005, the National Copyright Administration and other departments have continuously carried out special rectifications on hot and difficult issues of online infringement and piracy, effectively combating and deterring online infringement and piracy.
Source: Chinese government website
News link: https://www.gov.cn/lianbo/bumen/202308/content_6900802.htm
Tesla Wins Trademark Infringement Case – Court Rules Tesla Series Trademarks Constitute Well-Known Trademarks
Date: 10 August 2023
The Defendant Zhongyin Foods Co., Ltd. (‘Zhongyin Foods’) has been producing and selling a series of alcoholic beverages named ‘Tesla Soda’ and ‘Tesla Beer’ since 2019, under a trademark featuring a ‘T’ logo. It used slogans such as ‘The Pioneer Brand of American Pre-mixed Drinks’ and ‘Top International Brand’ for promotion and showcased the image of Tesla Model X cars in its promotional materials. Upon discovering the above actions, Tesla filed a lawsuit for trademark infringement against Zhongyin Foods.
After the hearing, the Court held that the Tesla series of trademarks qualified as well-known trademarks. The Defendant had deliberately misled consumers by using the Tesla trademark for the promotion of its products. This constituted trademark infringement. The Court ordered the Defendant to immediately stop the infringement of Tesla’s series trademark, cease the unfair competition, and compensate Tesla in the sum of RMB 5 million (approx. US$ 700,000). Zhongyin Foods appealed unsuccessfully: the Shanghai High People’s Court upheld the original judgment.
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| Registered Trademark of TESLA | Illustration of the Defendant’s Products |
Source: Shanghai Securities News
https://news.cnstock.com/news,bwkx-202308-5104307.htm
Tesla won the trademark infringement case, and the court determined that the Tesla series of trademarks constituted well-known trademarks
Date: 2023-08-10
The defendant Zhongjia Foods Co., Ltd. (hereinafter referred to as “Zhongjia Foods”) has been producing and selling a series of alcoholic beverages named “Tesla Soda Wine” and “Tesla Beer” since 2019, with the trademark “T” The logo uses the words “American Pre-mixed Wine Pioneer Brand” and “International Top Brand” as promotional slogans, and uses the Tesla Model X model in the promotional images. Tesla China found out and took it to court on the grounds of trademark infringement.
After trial, the court determined that the Tesla series trademarks are well-known trademarks, and that China Foodstuffs used the Tesla name to mislead consumers, which showed subjective malice and constituted trademark infringement. In the end, the court ordered the defendant, China Food Foods, to immediately stop infringing on the exclusive rights of Tesla series trademarks, stop unfair competition, and compensate Tesla RMB 5 million. China Food Foods refused to accept the first-instance judgment and filed an appeal. The Senior People of Shanghai The court ultimately upheld the original verdict in the second instance.
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| TESLA registered trademark | Defendant’s product illustration |
Source: Shanghai Securities News
News link: https://news.cnstock.com/news,bwkx-202308-5104307.htm
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