On January 24, 2022, the Shanghai Third Intermediate People’s Court (上海第三中院) announced the affirmation of a lower court’s ruling sentencing co-defendant Wu XX to two years, two months in prison for counterfeiting trademarks of Cartier and generating illegal revenue of more than 61 million RMB (~$9.6 million USD).
Category: Case
Guest Post: TACKLING BAD FAITH TRADEMARK APPLICATIONS OR REGISTRATIONS IN CHINA – PART III
This is the third guest post in a 4-part series regarding defeating bad faith marks in China from Beijing East IP authors Yan Zhang, Miao Tian, & Austin Chang. Previously, we shared our insights on the application of bad faith clause with exemplary cases. This time, we are going to share cases to show how we identify the bad faith and how we present the evidence to convince the CNIPA and the courts to achieve favorable outcomes! Devil lies in the details …
Non-Prosecution Agreement Announced in Underwriters Laboratories (UL) Chinese Criminal Copyright Case
On December 13, 2021, the Shanghai Third Branch of the Procuratorate (上海检察三分院) announced a non-prosecution agreement with a Li XX for uploading Underwriters Laboratories (UL) documents, including standards, to a file sharing site and charging others to download the documents, thereby earning about 14,000 RMB (~$2,200 USD).
Guangdong Higher People’s Court Rules for Tencent in China’s First Game Map Copyright Case
On December 6, 2021, the Guangdong Higher People’s Court publicly announced a ruling in favor of Shenzhen Tencent Computer System Co., Ltd. (深圳市腾讯计算机系统有限公司) in a dispute over copyright infringement and unfair competition relating to maps used in first person shooter games. The Court ordered the defendants Changyou Yunduan (Beijing) Technology Co., Ltd. (与畅游云端（北京）科技有限公司) and Hero Entertainment Co., Ltd. (英雄互娱科技股份有限公司) to cease infringement and compensate Tencent for economic losses of 25 million RMB. This is believed to be the first time …