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...
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Recently, The Primary People's Court of Haidian District of Beijing Municipality holds “Kjeldsens” constituted false advertising in its production, sale, and marketing activity by the operator, thereby undermining the reputation of “Danisa”. The court made the following judgments: Kjeldsens shall cease infringement, publish an announcement to eliminate the effects, compensate for the economic losses, etc. The first instance judgment is now in effect.
This judgement calls an end to the long-existing dispute over unfair competition between “Danisa” and “Kjeldsens” which had been through rounds of trials. (ycwb.com, Oct. 25th, 2024)
Policy-related
Beijing IP Court Releases White Paper on Judicial Work of Beijing Intellectual Property Court in the Past Ten Years
Recently, Beijing Intellectual Property Court released the Chinese and English version of White Paper on the Judicial Work of the Beijing Intellectual Property Court in the Past Ten Years (2014-2024).
The white paper contains six parts, namely court overview and trial data, typical cases and adjudication principles, effectiveness of protection and achievements, judicial reforms and innovations in mechanism, talent cultivation and team development, and foreign-related cases and international cooperation, which unveiled the work of Beijing IP court during the past ten years covering all aspects, trial, reformation, team building, etc.
According to the statistics, from Nov. 2014 to Oct. 2024, Beijing IP Court accepted 201,984 cases, and concluded 195,506 cases involving every IP fields, such as patent, trademark, copyright, unfair competition, and monopoly. (Official WeChat Account of SPC IP Court, Nov.7th, 2024)
Statistics
Investigation of Overseas Intellectual Property Disputes Involving Chinese Enterprises Released
China Intellectual Property Society and National Advisory Center for Overseas Intellectual Property Dispute Settlement released the report of Investigation of Overseas Intellectual Property Disputes Involving Chinese Enterprises.
According to the report, in 2023, the newly docketed intellectual property litigation cases involving Chinese enterprises in the United States continued to increase to 1,173, up 19.0% over the previous year. Hereinto, there were 447 patent lawsuits, an increase of 56.1%; 757 new trademark lawsuits, an increase of 5.4%; and 23 new trade secret lawsuits, up by 27.8%.
In addition, 2,452 Chinese enterprises were involved as defendants in the newly docketed patent cases, 16,793 were involved in trademark cases, and 47 were involved in trade secrete cases, presenting a year-on-year increase of 167.4%, 98.8%, and 27%, respectively.
Chinese enterprises’ U.S. patent litigations mainly pertain to the manufacturing industry (36.6%) and the wholesale and retail industry (36.6%), while trademark litigation mainly involves the wholesale and retail industry (82.56%).
In terms of the litigation results, 65.7% of patent lawsuits were closed by reaching settlement; 66.1% of defendants in trademark lawsuits were defeated for absence. The average amount of damages is $23,717,200 for patent lawsuits and $1,179,800 for trademark lawsuits.
In 2023, 98 Chinese mainland companies got involved in 20 Section 337 investigation cases, reduce by 9 over last year, among which 70% were filed for patent infringement and were mainly concentrated in electronic equipment and other industries.
In 2023, there were 1,092 cross-border e-commerce cases in the US involving Chinese companies, who acted as defendants in 1,033 cases, accounting for 94.6%. Herein, 197 cases were patent litigation with 158 newly docketed and 103 closed; 931 cases were trademark litigation, with 675 newly docketed and 687 closed. In the new cross-border e-commerce cases, 17,894 Chinese enterprises were involved, where 17,783 were defendant, accounting for 99.38%.
In 2023, in other major countries and regions, Chinese companies were involved in 89 newly docketed patent and trademark litigation cases and 141 closed cases. Among the newly docketed cases, 71 were patent litigation, and 18 were trademark litigation cases, showing a rise of 47.9% and a drop of 43.75% over 2022, respectively. (worldip.com, Oct 9, 2024)
Record-breaking in Invention Patent Application Worldwide in 2023
WIPO recently released an annual survey World Intellectual Property Indicators (WIPI), indicating that in 2023, global patenting activity hit a record high, with invention patent applications exceeding 3.5 million for the first time. Despite the challenges that remain in the macroeconomic environment, patent applications globally have risen for four consecutive years.
The survey shows China took the lead by filing around 1.64 million invention patent applications worldwide in 2023, followed by the US (518,364), Japan (414,413), the Republic of Korea (287,954), and Germany (133,053). India became the country with the fastest growth rate at 15.7%, which marked a fifth consecutive year of double-digit growth.
Computer technology emerged as the most frequently featured technology in published patent applications worldwide, accounting for 12.4% of the world total. It was followed by electrical machinery (6.8%), measurement (5.9%), medical technology (5.4%) and digital communication (5.3%). (ithome.com, Nov.7th, 2024)
SAMR Investigated and Handled over 30,000 Trademark Infringements and Patent Counterfeiting from Jan. to Sep. 2024
In the first nine months of this year, the China State Administration for Market Regulation (SAMR) investigated and dealt with more than 30,000 cases relating to trademark infringement and patent counterfeiting. SAMR launched a unified destruction campaign nationwide, destroying infringing and counterfeit goods of over 200 varieties weighing 3,300 tons, valued at 330 million yuan. (chinanews.com, Nov.8th, 2024)
