On December 25, 2024, the China’s National People’s Congress (NPC) released the draft Anti-Unfair Competition Law (AUCL, 反不正当竞争法(修订草案)) for comment. From an IP perspective, the Draft updates Article 7 for newish technology. However, Artificial Intelligence is left out and might warrant a comment, e.g., to prevent LLM hallucinations that cause confusion as to a connection to others. The Draft also adds an extraterritorial Article 40 that might inadvertently snare foreign companies in edge cases. The Draft also covers other areas …
Category: Unfair Competition
China’s Supreme People’s Court Releases Top 10 IP Cases of 2023
On April 22, 2024, China’s Supreme People’s Court (SPC) released the Top 10 Intellectual Property Cases of 2023 and 50 Typical IP Cases of 2023. While not officially a common law jurisdiction, these cases have “demonstration and guidance functions” for lower courts. The SPC also released the Top 10 Influential Cases earlier this year.
China’s Supreme People’s Court Releases Summary of IP Judgements for 2023
On February 23, 2024 China’s Supreme People’s Court (SPC) released the Supreme People’s Court Summary of Intellectual Property Court Judgments (2023) (最高人民法院知识产权法庭裁判要旨摘要(2023)). Per the SPC, the summary was formed “to highlight the judicial concepts, trial ideas, and adjudicative methods of the Intellectual Property Tribunal of the Supreme People’s Court in technical intellectual property rights and monopoly cases.” The Tribunal selected 96 cases from the 4,562 cases concluded in 2023, and summarized 104 key points as follows.
New Balance Scores 30 Million RMB in TM Infringement Case at China’s Supreme People’s Court
In a decision dated September 26, 2023, China’s Supreme People’s Court (SPC) affirmed a decision for trademark infringement and unfair competition against Jiangxi New Balance Leading Sporting Goods Co., Ltd. (与上诉人江西新百伦领跑体育用品有限公司) and Guangzhou New Balance Leading Shoes Co., Ltd. (广州新百伦领跑鞋业有限公司). The SPC calculated damages as 29.04 million RMB and 1 million RMB for attorney and related fees.