China, Wanhuida Intellectual Property updates

Intellectual Property

Contributed by Wanhuida Intellectual Property
SPC releases judicial interpretation relating to punitive damages in IP cases
  • China
  • 14 June 2021

In China, decisions in which punitive damages are claimed and supported by the court are becoming increasingly frequent. The Supreme People's Court recently released a Judicial Interpretation on the Application of Punitive Damages in the Trial of Civil Cases Involving Infringement of Intellectual Property Rights with immediate effect. The judicial interpretation's main purpose seems to be to coordinate and unify the criteria and language used in different IP laws.

How new Patent Law transforms patent litigation
  • China
  • 07 June 2021

The fourth amendment to the Patent Law, which makes substantial changes to patent filing and enforcement, recently took effect. The amendment largely codifies the evolving patent practice of the Chinese judiciary. It incorporates various revisions, including raising statutory damages, introducing punitive damages and leveraging the good-faith principle to address the abuse of patent rights. This article analyses these revisions and helps stakeholders to navigate the changing litigation landscape.

IP Court promulgates three important reports on 2020 IP cases
  • China
  • 31 May 2021

In February 2021 the IP Court of the Supreme People's Court promulgated the Annual Report 2020, the Judicial Gist Synopsis 2020 and Ten Exemplary Technology IP Cases of 2020. This article provides a summary of the reports and explores their implications for technology-related IP litigation in China moving forwards.

Business name registration amendment takes effect
  • China
  • 24 May 2021

The Regulation on Business Name Registration (Amendment) issued by the State Council recently took effect. The amendment introduces various changes – including a new name approval system, new restrictions on business names, a new dispute mechanism and revised oversight procedures for the local Administration for Market Regulation.

Fourth IP Court unveiled in Hainan
  • China
  • 17 May 2021

In 2020 the Standing Committee of the National People's Congress passed the Decision on the Establishment of the IP Court at the Hainan Free Trade Port. The decision took effect in January 2021. The Hainan IP Court, which is the fourth IP court in China, has jurisdiction over various IP matters in Hainan Province. The Hainan High Court has jurisdiction over any appeals filed against the Hainan IP Court's first-instance decisions

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