On December 29, 2021, the Beijing Intellectual Property Court (the Court) maintained the validity of CN Invention Patent No. ZL200680025545.1 (the ’545 patent), which reversed an invalidation decision[1] made by the Patent Reexamination and Invalidation Department of the China National Intellectual Property Administration (CNIPA). The Court held that the claimed invention is inventive because
IP infringement
RIMOWA GmbH v. Jiashan Keyue Luggage Co., No. 7 [2019], Final, Civil Division, Zhejiang High People’s Court
By Yingli Wang, Aolei Li, Jonathan Wen & Jasmine Huang on
Posted in IP infringement, Patent Law
On May 15, 2019, the Zhejiang High People’s Court (the Appellate Court) reversed the trial court decision and found the defendant infringing the plaintiff’s Chinese Patent No. ZL 200880118796.3. The Appellate Court concluded that the term “the luggage strap . . . guided adjustably along the wall of the luggage” does not require the luggage…
The PRC People’s Courts and Governmental Authorities Issue White Papers and Model Cases regarding IP Protection
By Junkun (Lawrence) Zheng on
Posted in IP infringement
Following our last blog post, there have been numerous additional developments in the PRC IP space around World Intellectual Property Day. Those developments include the following press conferences and reports on the IP protection condition and identification of certain IP model cases in 2020:…
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The PRC People’s Courts Issue White Papers and Model Cases Regarding Judicial IP Protection
During the last week, and to mark the World Intellectual Property Day (April 26, 2021), the People’s Court in several jurisdictions held press conferences to summarize the judicial IP protection progress made during 2020 and released lists of noteworthy cases. Some of the announcements made by the courts in key jurisdictions include the following: …
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China Promulgates Electronic Commerce Law
By Scott Palmer & Wanli Ye on
China promulgated an electronic commerce law on August 31, 2018, effective, January 1, 2019. Of interest to intellectual property rights (IPR) holders, the law makes e-commerce platform operators potentially jointly and severally liable with IP infringers and enables the relevant administrative department (e.g., the China National Intellectual Property Agency (CNIPA)) to fine platform operators up to 2 million RMB (~$291,000) for failure to protect IPR. The law also formalizes a mechanism for IPR disputes on e-commerce platforms.
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