December 2023 appears to have been an exceptionally busy and fruitful month in the China patent space. Following the State Council’s approval of the long-awaited Patent Law Implementation Regulations (“Regulations”, similar to the CFR in the US) in November, the CNIPA finally made public the full text of the Regulations just before the arrival of the New Year. At the same time, the CNIPA also released the new Patent Examination Guidelines (“Guidelines”, equivalent to the MPEP in the US), along with specific implementation dates and transitional methods. We will, over the coming period, undertake a detailed analysis and commentary on these amendments and their consequential impacts. Today’s article will focus…
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Twice the Trouble: Unraveling a Single Case of Dual Patent and Trademark Infringement
Can a rights holder sue the same infringer separately based on one single infringing act that infringes both trademark and patent rights? An interesting case this year from China’s Supreme People’s Court that addresses this specific issue ((2023)最高法知民终235号). Beijing Run De Hong Tu Technology Development Co., Ltd. (“Run De Hong Tu”) sued an individual named Li XX[1] for patent infringement based on his activities as a small retailer selling a certain sewage pipe branded as “Submarine”. In fact, Run De Hong Tu had initiated multiple similar lawsuits, primarily targeting small and micro retailers, and had been able to secure substantial compensation in these cases. Run De Hong Tu, along with…
