Intellectual Property: Litigation (PRC Firms)

About

Provided by Wanhuida Intellectual Property

In 2023, we have quite a few cases that are recognised by Chinese courts as innovative or exemplary, including:

SPC 10 Exemplary Anti-monopoly & Unfair Competition Cases: Successfully defending the legitimacy over the patentee’s implementation of a valid chemical compound invention in a high-stake anti-monopoly appeal. China Supreme Court overturned the unfavourable first instance decision, which ordered the client to pay hefty damages of RMB 90 million.

Top 10 Innovative IP Protection Cases of Ningbo Courts: Representing Ningbo Dechang in successfully fending off the unfair competition suit brought by JOHNSON ELECTRIC. The trial court dismissed the plaintiff’s requests including immediate cessation of using the litigious trade name and damages of RMB 100 million. The plaintiff lowered the claim of damages to RMB 30 million in appeal. The Court of Appeal ruled in favor of the client.

Top 10 Trademark Cases of Beijing High Court: Representing the client in successfully revoking the registration of “thousand-layer tofu in Chinese” trademark registered by a Chinese food manufacturer in class 29 in 2013. The case went through revocation, two instances of administrative court proceeding and ended with the affirmation of the Beijing High Court that the trademark has degenerated into a generic name when the revocation application was filed. The decision is of empirical significance for clarifying the parameters in assessing the genericide of registered trademarks.