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...
SPC Awards $1.42 Million Compensation to Galanz at Second Instance of Patent Infringement Dispute
Guangdong Galanz Microwave Oven Electrical Appliance Manufacturing Co., LTD. (hereinafter referred to as "Galanz") v. Zhongshan Meige Electronic Technology Co., LTD. (hereinafter referred to as "Meige") invention patent dispute case drew wide attention of the industry.
In October 2020, Galanz filed a civil lawsuit with the Guangzhou Intellectual Property Court. The Guangzhou Intellectual Property Court made the first instance judgment that the technical solution used by the accused infringing products did not fall within the scope of the protection of the patent rights involved; Meige did not infringe Galanz’s patent rights involved; and dismissed all the claims of Galanz.
Galanz was unsatisfied with the first-instance judgment, and appealed to the Supreme People's Court (SPC).
Recently, the SPC ruled that Meige constituted patent infringement, and ordered Meige to cease the infringement, destroy the relevant molds, and compensate Galanz for economic losses of about $1.42 million. (Oct. 12, 2023, WeChat Public Account of Guangzhou Daily)
The Right of Personality
Chengdu Internet Court Ruled China's First Dispute over the Voice Right in Movies and TV Dramas
Recently, the Chengdu Internet Court made the in-court judgment on China's first dispute over voice right in movies and TV dramas.
The plaintiff asserted that the two defendants developed and designed the game involved for profit, and used the sound clips of the plaintiff's movies and TV dramas in the game without their authorization, which objectively constituted an infringement on the plaintiff's voice right. Moreover, the game used the personality elements of the plaintiff to form a negative character, which at the same time infringed the plaintiff's general personality rights. The plaintiff requests the court to order the two defendants to make a public apology and compensate the plaintiff for economic losses and mental damage.
The Chengdu Internet Court held that the voice and portrait of a natural person, as the feature of the personality of a natural person, has the attribute of personality right. The two defendants used Honglei Sun's voice in the development, production, and operation of the game involved without his permission or authorization from the copyright owner of the movies and TV dramas that Honglei Sun authorized, which constitutes infringement of the voice rights. However, the character image in the game was derived from the role setting of movies and TV dramas and it was not clearly deviated from the original set. In objective, the game character involved in the case reflected the character in movies and TV dramas. The general public with rational cognition does not view these villain characters as an accurate reflection as Honglei's social cognition and evaluation. Based on the interruption of the direct relationship, it did not constitute an infringement of general personality rights.
The court ordered the two defendants to apologize to the plaintiff and compensate the plaintiff for economic losses of about $4,285. (Oct. 13, 2023, the First Instance Court of the Railway Transportation Court of Chengdu)
IP-Related Policy
The Special Action Plan for Commercialization and Utilization of Patents (2023-2025)
The Special Action Plan for Patent Commercialization and Utilization (2023-2025) was recently approved at an executive meeting of China's State Council. The Plan clearly specifies the four aspects of patent commercialization and utilization, namely general requirements, development goals, major tasks, and organizational support. (Oct. 10, 2023, gov.cn)
RMB Standard of the Fees of PCT Application in the International Phase Implemented on Nov 1, 2023
According to the Memorandum of Understanding for Remittance of (PCT) Fees signed between China National Intellectual Property Administration (CNIPA) and the World Intellectual Property Organization (WIPO), as of Nov. 1st, 2023, the CNIPA began collecting the fees of PCT application in the international phase on behalf of the International Bureau of the WIPO in accordance with the RMB standard published by the WIPO. (Oct. 25, 2023, CNIPA)
China’s First Intellectual Property Administrative Adjudication Office Unveiled in Wuhan Optics Valley
Recently, China’s first intellectual property administrative adjudication office unveiled in Wuhan Optics Valley.
The office will engage in the handling of administrative adjudication of patent infringement disputes within its jurisdiction, collection of infringement clues, troubleshooting problem and evidence collection, investigation, delivery, and other work. The office also effectively integrates resources to carry out legal publicity, intellectual property rights enforcement and other services for market players, aiming to enhance the convenience of intellectual property protection services. (Nov. 2, 2023, cs.com.cn)
China’s State Council Approved the Draft Implementation Rules of the Patent Law at an Executive Meeting
The meeting stressed the importance of thorough implementation of the plan of the CCP Central Committee on bolstering IP protection and strict enforcement of the Implementation Rules of the Patent Law. The meeting also emphasized the need to further improve the patent application and examination system to level up China's patent creation, utilization, protection, management, and service, reinforce the link with the relevant international treaties, and give full play to the important role of patent law in promoting scientific and technological innovation and the development of new industries and new tracks. (Nov.3, 2023, WeChat Public Account of CNIPA)
