Industry Updates

CNIPA Releases Statistics Related to Patent Licensing

The CNIPA recently released the statistics related to royalties for patent licensing for the year 2024 and the period from 2020 to 2024, aiming to support local intellectual property administration departments, relevant centers, and companies and organizations in strengthening the use of such statistics, providing references for assessment, pricing in intellectual property licensing and transactions, and determination of infringement damages. The statistics covers patent licensing agreements fil...

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Judgment Takes Effect in “Insider” Trade Secret Infringement Case 14 Resigned Technical Personnel Illegally Obtained Technical Information Valued at Over CNY 300M

Recently, a judgment was issued in a case involving Company A infringing upon the trade secrets of a well-known company, which was handled by Shanghai procuratorial organs under the guidance of the Supreme Peoples Procuratorate. The illegally obtained technical information in this case was valued at CNY 317 million. The defendant, Zhang, was originally the head of the radio frequency chip development department of a well-known company. After leaving the company, he founded Company A and successi...

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Supreme Court Raises Damages Award to CNY 55M in Software Copyright Case, Applying Punitive Damages

Recently, the Supreme Peoples Court issued a final judgment in an infrared thermal imaging software copyright infringement case, increasing the first-instance damages award from CNY 15 million to over CNY 55 million, applying punitive damages. The Supreme Peoples Court held that when determining the multiplier for punitive damages, the possibility of the infringer evading accountability should be considered. In determining the multiplier for punitive damages in intellectual property infringement...

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Supreme Court Releases Typical Cases on Curbing Malicious Intellectual Property Litigation

Recently, the Supreme Peoples Court released the Report of the Intellectual Property Court of the Supreme Peoples Court on Strengthening Integrity and Curbing Malicious Litigation and five typical cases in this regard. 1. Malicious Litigation Case Involving Dashcam Patent - (2023) SPC IP Civil Final No. 869 2. Malicious Litigation Case Involving Utility Model Patent Target Flowmeter - (2022) SPC IP Civil Final No. 1861 3. Malicious Litigation Case Involving Utility Model Patent Guide Rail - (202...

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Invalidation Secured based on Mistranslation: The Key to Our Recent Trial Victory

In the invalidation procedure, there have always been disputes over whether amendments should be allowed after grant to correct a mistranslation in PCT applications, and whether such mistranslation would cause a patent to be declared invalid as being challenged of go-beyond-scope amendment. It seems inequitable to deny a patent of its technical contribution due to a mistranslation. On the other hand, permitting unconditional corrections after grant undermines the principle of public notice, harm...

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