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...
In July 2021, CALT sued CALB for patent infringement involving three invention patents and two utility model patents. The patents involved include positive plates and batteries, explosion-proof equipment, current collectors and batteries, lithium-ion batteries, the structure of power battery cover and power batteries. The batteries suspected of infringement have been installed on tens of thousands of vehicles.
Recently, The Intermediate People's Court of Fuzhou made the following judgments: CALB shall stop selling the products that infringed CALT’s patent; compensate CALT for economic loss of about $5.2 million and pay the fee for invention patent temporary protection of about $116,000; pay CALT reasonable costs of $29,473; dismiss other claims from the CALT. (Feb. 21st, 2023, BJNEWS)
Trademark
Audi Loses Trademark Infringement Lawsuit Against NIO
The European Union Intellectual Property Office (EUIPO) decided that NIO naming its two models ES8/ES6 doesn't constitute a likelihood of confusion with Audi S8/S6. Previously, Audi filed an invalidation request against NIO’s trademarks ES8 and ES6 registered before EUIPO. (Feb. 24th, 2023, China Economic Weekly)
Cases
Authorities Released the Top 10 Exemplary Cases of Jianwang 2022 Special Campaign
In 2022, the National Copyright Administration, the Cyberspace Administration of China, the Ministry of Industry and Information Technology, and the Ministry of Public Security jointly launched the special campaign "Jianwang 2022" to further enhance the strength of combating cyberspace copyright infringement and piracy focusing on key areas of the Internet. A number of major cases of cyberspace copyright infringement and piracy were investigated and dealt with.
To further publicize the achievements of this special campaign and give full play to the exemplary cases as guidance, the National Copyright Administration and other four departments recently released the Top 10 Exemplary Cases of the "Jianwang 2022" Special Campaign. (Feb. 28th, 2023, National Copyright Administration)
Statistics
WIPO: China Holds onto Its Spot as the Top Filer of PCT Applications in 2022
On February 28th, local time, the World Intellectual Property Organization(WIPO) released its latest report which showed that China remained to be the top origin of PCT applications with 70,015 applications filed, up by 0.6% year on year, accounting for more than a quarter of the total. The following countries among the top five in turn are the United States, Japan, South Korea and Germany. Chinese telecoms giant Huawei Technologies remained by far the top filer with 7,689 published PCT applications in 2022.
According to the report, in 2022, PCT filings rose by 0.3%, totaling 278,100 and hitting the highest number ever recorded in a single year. Asia remained the dominant source of international patent applications, accounting for 54.7% of the 2022 total, up from 40.3% in 2012.
In the education sector, the University of California remained the top applicant with 552 published PCT applications in 2022. Zhejiang University came in second (309 applications) followed by Suzhou University (303 applications). Suzhou University saw the sharpest increase among the top 10 educational institutions, with their number of PCT applications almost doubling from 2021.
The report also indicates that the number of designs included in international applications under WIPO’s Hague System for the International Registration of Industrial Designs increased by 11.2%, reaching 25,028 in 2022. China, as a new member, sought protection for 2,558 designs, securing second place. Demand for design protection saw double-digit growth, with China's accession to WIPO's international design registration system in 2022 fueling a surge in international design applications.
The report also said that total number of trademark applications filed under the Madrid System in 2022 reached 69,000. China applicant ranked third with 4,991 international trademark applications.
WIPO Director General Daren Tang said “International IP filings largely held up in 2022. Despite difficult economic conditions and a decline in risk finance, businesses continued to invest in innovation. China’s entry into the Hague System – WIPO’s international register for industrial designs – fueled design applications from China and the rest of the world, showing that multilateral approaches to international cooperation can deliver benefits for everyone.” (Feb. 28th, 2023, CCTV News)
Work Report of Supreme People's Procuratorate (SPP): Prosecuted 13,000 people for the infringement of trademark and patent right last year
According to the recent work report of the Supreme People's Procuratorate, a total of 13,000 people were prosecuted for infringing trademark rights, patent rights, and copyrights, as well as trade secrets in 2022, up by 51.2% from 2018. (Mar. 7th, 2023, Xinhua News Agency)
