Intellectual Property

Total 62 Posts

Final U.S. AD/CVD Rules Allow Targeting of Inaction on Property, IP, Labor, Environment, Human Rights

Under a final rule published today, the U.S. Commerce Department will take into account "nonexistent, weak, or ineffective property (including intellectual property), human rights, labor, and environmental protections" in various ways as part of its anti-dumping/countervailing duty calculations. Chinese products are likely to be targeted here,

Chinese Courts Award 1 Million Yuan in Häagen-Dazs Case

In recent rulings, Chinese courts have found that Chinese ice cream shops violated the trademark of U.S. ice cream brand Häagen-Dazs and supported the request for 1 million yuan compensation.

Punitive Penalties Granted in CHARLES & KEITH Trademark Infringement

Chinese courts recently granted punitive penalties of four times the amount of damages in a trademark infringement case involving Singaporean fashion brand CHARLES & KEITH. This is one of the rare cases where such a high level of punitive penalties have been granted.

USTR Issues Annual Report on Notorious Markets for Counterfeiting and Piracy

Earlier this week, the Office of the U.S. Trade Representative issued its 2023 Review of Notorious Markets for Counterfeiting and Piracy (Notorious Markets List, or NML), which "highlights prominent and illustrative examples of online and physical markets that reportedly engage in, facilitate, turn a blind eye to, or

New EU Submissions in WTO Complaint over Chinese Anti-Suit Injunctions

The EU has posted two more submissions related to its WTO complaint against the "anti-suit injunctions" that have been issued in recent years by Chinese courts.

Chinese Supreme Court Sets License Fees for Audio Standard Patents in Phones

China's Supreme People's Court (SPC) recently issued a ruling in Advanced Codec Technologies (ACT) v. OPPO, setting the license fees in China for six standard essential patents (SEPs) related to an audio coding standard. The Court ordered OPPO to pay 15.4 million yuan (approximately US$

Chinese Court Rules on 5G FRAND Rates

Last November, a Chinese court set a global FRAND (fair, reasonable, and non-discriminatory) rate for a standard essential patent (SEP) in a dispute between Chinese phone maker OPPO and Finnish multinational company Nokia. This is the first Chinese court decision setting global FRAND rates for 5G phones. A summary of
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