Recently, our firm won the first instance of an administrative litigation case for invalidation of an invention patent, in which it is ruled that the invention patent should be comp...
Introduction In the chemical field, it is difficult to seek invalidation of a patent claiming to have achieved unexpected technical effect. This case provides a strategy for success...
Xiaomi recently renewed the 5G standard-essential patent (SEP) license agreement with NTT Docomo, the largest mobile operator in Japan.
NTT Docomo has been researching network technologies like W-CDMA, LTE, LTE-Advanced, 5G, 6G, etc., and new services-relate technologies like AI, IoT, and so on.
In addition to Xiaomi, NTT Docomo also signed patent license agreements with other mobile phone manufacturers, e.g., VIVO, OPPO, Samsung, Huawei, and HTC. (Oct. 13th, ijiwei.com)
Trademark
SPC Hears the Trademark Infringement Appeal Case of “Lafei Manor”in which $11.17 Million Damages was Awarded in the First Instance
The Supreme People’s Court (hereinafter referred to as “SPC”) held the public trial on a trademark infringement lawsuit between “拉菲”(Lafite) and “拉菲庄园”(Lafei Manor). The judgment did not pronounce in court.
Previously, the first instance judgment made by the High People’s Court of Jiangsu Province ruled the Nanjing Lafei Manor Wine Co., Ltd, Nanjing Huaxia Grape Brewery Co., Ltd, and other defendants shall pay CHATEAU LAFITE ROTHSCHILD damages of $11.17 million.
The judgment indicates that Nanjing Lafei Manor Wine Co., Ltd and other companies (the defendants) intentionally hide the origin source of their products and frequently mentioned “France”, “Bordeaux”, “Bordeaux’s Left Bank”, and “Medoc” in advertisement and promotion with the use of the marks of “拉菲”(Lafite) and “拉菲庄园”(Lafei Manor), which caused confusion and misidentification by the consumer between the products manufactured and sold by the defendants and the CHATEAU LAFITE ROTHSCHILD’s. Such judgment was made based on subjective bad faith and the large amount of money involved in the case.
It is reported that this is the highest award of its kind in the last decade. (Nov.5th, the paper.cn)
Copyright
Douyin is Ruled to Pay the Damages of About $4.6 Million for Its User Clipped and Uploaded TV Play Without Authorization
The Intermediate People’s Court of Xi’an City made the first instance judgment on a year-long case brought by Tencent suing Douyin for infringing its copyright of Yunnan Worm Vally, ruling that Douyin constituted contributory infringement, and ordering Douyin immediately take effective acts to delete, filter, and intercept the infringing videos and pay Tencent Video economic losses and reasonable
costs of $4.6 million.
The judgment indicates that Tencent Video enjoys the exclusive broadcasting right of Yunnan Worm Vally, and Douyin’s defense of unaware of its users' massive and intensive infringement on the information network dissemination right is not convincing, given that the right holder has repeatedly issued prior warnings, filed complaints, filed lawsuits, and applied for behavior preservation. Douyin is capable of managing and controlling the infringement acts, however, it did not take appropriate measures in a timely manner, allowing and even facilitating the posting and the spreading of the massive infringing videos.
It is reported that the amount of damages of $4.6 million broke the national compensation record for similar cases, ,and was also the highest one awarded to Tencent in film and television copyright cases.
Douyin will file an appeal for this case. (Nov. 1st, Beijing Business Report)
Trade Secret
Two Engineers are Sentenced for Violating the Confidentiality Agreement and Earning Profit by Cooperating from Inside and Outside
The first criminal case on infringing trade secrets was ruled in Huangpu District of Shanghai, China. Two engineers were jailed for violating the confidentiality agreement with an illegal income of about $285,700 by cooperating to steal information from inside and outside.
Engineer CAI and engineer CHEN (natural person) worked in Company A, and they set up Company D together in 2019. After that, they theft technology information from Company A, and used it in the operating activities of Company D.
The Procuratorates of Huangpu District, Shanghai initiated public prosecution against the defendant Company D, Engineer CAI, and Engineer CHEN for an alleged crime of infringing trade secrets in June 2022. Recently, the court ruled Company D a penalty of about $257,000 over trade secret infringement and refund or hand in the illegal incomes; CAI and CHEN were fined and sentenced to fixed-term imprisonment of one year six months with a one year six months suspension. (Oct. 30th, Fazhi Xianchang)
IP-related Policy
Promotion Plan for the Further Implementation of the Opinions on Strengthening IP Protection
Earlier, the CNIPA published Promotion Plan for the Further Implementation of Deeply Implement the Opinions of on Strengthening IP Protection, which clarifies the major tasks and work measures for the implementation of the Opinions on Strengthening Intellectual Property Protection from 2022 to 2025.
Such promotion plan includes 114 specific work measures covering 6 aspects: improving the law-based IP protection, improving the overall protection of IP, deepening the reform of the system and mechanism in IP protection, conducting the overall promotion of global IP cooperation and competition, safeguarding the national security in IP field, and strengthening the resources supply and organization guarantees in IP protection. (Oct. 28th, CNIPA)
