Tag Archives: Supreme People’s Court

Qiaodan Sports’ Disassociation from Michael Jeffrey Jordan

Guest post by OUYANG Yini, JD and JM candidate at PKU STL. On December 30, 2020, Shanghai No. 2 Intermediate People’s Court announced its judgment on Michael Jeffrey Jordan v. Qiaodan Sports Co., Ltd., including four parts: (1) the defendant … Continue reading

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2020 Amendment to SPC’s Interpretation on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Cases (2)

This is part of a series that show what the 18 judicial interpretations on IP look like after their 2020 amendments that make them Civil Code-ready. See the first of the series here and the amendment on the other patent … Continue reading

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18 SPC Judicial Interpretations to ensure IP Laws are Civil Code-Ready

My colleague Susan Finder provides a great overview on Supreme People’s Court Monitor of how the SPC delivered its first batches of documents designed to ensure a seamless transition to the Civil Code, see here. One batch of documents are … Continue reading

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Supreme People’s Court: More Grassroots Courts Must Deal With Design and Utility Patents

Litigating intellectual property rights, especially patents, requires quite some specialised expertise. For a long time, therefore, patent disputes were dealt with by people’s intermediate or higher courts.  But since ever more Chinese companies are patenting their design patents, utility patents … Continue reading

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IP Dragon Roar Podcast 2 “Spirit, Software, World of War Craft, Compulsory Licensing”

Here is IP Dragon Roar’s second podcast about “Spirit, Software, World-of-War Craft, Compulsory Licensing”.     First Jamon Yerger and Matthew Kowalak discuss the following blog posts:     Stir up people to innovate by slogan or by a change of culture … Continue reading

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Supreme People’s Court Took AMSC v. Sinovel Wind Group Case On Software Copyright Infringement

In November, 2011, IP Dragon posed the question: Is American Superconductor (AMSC) the 21st century version of Don Quixote?, when it sued Sinovel Wind Group of Beijing for violation of trade secrets and software copyright infringement and demanded damages of 1.2 … Continue reading

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Analysis of the 2011 Supreme People’s Court White Paper

April 19, 2012, the Supreme People’s Court issued a white paper on intellectual property protection by Chinese people’s courts in 2011.  IP Dragon has made an analysis of the the 64 page document. The white paper makes the growth of … Continue reading

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China’s Supreme People’s Court Will Tell You How Safe Safe Harbours Are

Photo RnechesMain entrance Supreme People’s Court Beijing The writers versus Baidu case triggered the Supreme People’s Court to draft a judicial interpretation of online copyright, and can be expected this year. A refinement of the Regulation on Protection to Network Dissemination … Continue reading

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The Influence of China’s Trade deficit on IP Enforcement in China

Light at the end?Photo: Danny Friedmann Remember that in 2009, because of the financial crisis, the Supreme People’s Court urged the lower courts to conservatively grant injunctions, read here. Now too, there are economic circumstances that might not be conducive … Continue reading

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China Copyright and Media Looks At the Law of China’s Entertainment Media

IP Dragon’s friend Rogier Creemers has started a great website called ‘China Copyright and Media, Looking at the Law of China’s Entertainment Media’, see here. For this field of study it includes many relevant laws, regulations and rules, from the … Continue reading

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Supreme People’s Court of China: “Current Economic Situation Makes Granting IPR Injunctions More Difficult”

December 2008, I dealt with the ‘Influence of the Financial Crisis on the Enforcement of Intellectual Property in China‘. In this post I wrote:In China there are still villages dependent on the production of counterfeit and pirated goods. The incentive … Continue reading

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Guidelines of the Supreme People’s Court on Implementing the National IP Strategy

Last year China’s State Council promulgated the National IP Strategy (“National IP Strategy 2008: Feasible Commitments or Road to Nowhere Paved with Good Intentions” read here), a roadmap that must lead China to become one of the most innovative countries … Continue reading

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More Brooms Sweep Cleaner: Expansion of IPR Tribunals in China

Xie Chuanjiao of the China Daily wrote about the increasing number of IPR court cases and the pilot project of specialised IPR courts in cities such as Beijing, Shanghai, Guangdong, Jiangsu, Zhejiang, Shandong and Fujian (nine intermediate people’s courts and … Continue reading

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Forum Shoppers: Do Not Forget to Forget to Send a Cease and Desist Letter

I found ‘Forum Shopping Comes to China’ one of the clearest articles of China IP Focus 2006 of Managing Intellectual Property. It is written by Benjamin Bai, Tony Chen, Xiang Wang, Peter Wang and research of Lisheng Hao. All, except … Continue reading

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Anticipated Supreme People’s Court Decision in Counterfeit Case Between Montresor and Ferrero

David Eimar reports for The Independent about the much anticipated Supreme People’s Court ruling next month between Montresor’s Tresor Dore and Ferrero Rocher. Eimar points out a salient aspect of the case: “Tresor Dore, a popular Chinese brand of chocolates … Continue reading

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