SPC
China’s highest court awards largest ever damages in Vanillin trade secrets case
By AWA | Posted on March 9, 2021
The Supreme People’s Court (SPC) handed down its decision on February 26, 2021. Almost immediately, the business and intellectual property communities were paying attention to a case that would have otherwise gone unnoticed. The reason was simple – the highest ever damages for a trade secrets case had been awarded by the SPC – Rmb...
Tags: china, SPC, trade secrets
China becomes top international patent filer
By AWA | Posted on May 20, 2020
China filed 58,990 applications through WIPO’s Patent Cooperation Treaty (PCT) System last year, ending the US’s stronghold on the top position since the PCT began operations in 1978 by 1,150 applications. The numbers echo a sophisticated and coordinated effort to advance innovation and realise a high-value economy from the Chinese government. This is especially true considering in 1999,...
Tags: BOE, china, Huawei, IPR, Oppo, patents, PCT, Ping An, SPC
Punitive damages case appears in list of top 10 IP cases from China’s Supreme People’s Court
By Ai-Leen Lim | Posted on May 20, 2020
On April 21, 2020, China’s Supreme People’s Court released a list of the top 10 intellectual property law cases of 2019. The cases cover patent (invention and design), trademark, copyright and unfair competition. One of the cases selected involved a US Pilates company where punitive damages were awarded. While punitive damages are well-established in terms...
Tags: Balanced Body, Infringement, IPR, punitive damages, SPC, statutory damages, trademarks, Yongkang Elina
Supreme People’s Court reverses position on OEM trademark use in Honda case
By Ai-Leen Lim | Posted on March 16, 2020
China’s highest court has reversed its stance on trademark use from original equipment manufacturers (OEMs) in this landmark case brought by Honda Background Honda owns China trademark registrations in relation to motorcycles and other goods in Class 12 for the following marks: Chongqing Heng Sheng Group Limited (Heng Sheng) contracted with the Burmese Meihua Company...
Tags: china, Dongfeng, Honda, IPR, OEM, PRETUL, SPC, trademarks
What export waivers mean for European Supplementary Protection Certificates
By Louise Jonshammar | Posted on February 12, 2019
Louise Jonshammar takes a closer look at the final mandate surrounding export waivers for European Supplementary Protection Certificates, what it means for applicants and holders and the importance of monitoring once the Regulation comes into effect Supplementary Protection Certificates (SPC) offer patent owners an extension of up to five years of the basic patent’s...
Tags: Brexit, EU, export waiver, generics, Infringement, patents, SPC
A new exemption from supplementary protection certificates (SPC) in the EU
By Louise Jonshammar | Posted on May 30, 2018
Some thoughts on the EU Commission proposal for manufacturing waivers to restrict SPC protection On 28 May, 2018, the European Commission published its proposal to amend Regulation (EC) No 469/2009 concerning supplementary protection certificate for medicinal products. Urged by the European Parliament, the Commission introduces a so-called manufacturing exemption for export purposes, also known as...
On the point of re-examination of SPC term #3 – End of discussion?
By Louise Jonshammar | Posted on January 31, 2018
Reflections on the Court of Justice of the European Union’s interpretation of Article 17.2 of the SPC Regulation As previously addressed in a Newsflash from Awapatent, and in two previous entries, the Swedish Patent and Market Appeal Court handed down eight decisions on 4 October 2017, in appeal cases regarding re-examination of SPC term. The...
On the point of re-examination of SPC term #2
By Louise Jonshammar | Posted on October 25, 2017
Reflections on the Swedish Appeal Court’s reasoning regarding the balance of interests As previously addressed in a Newsflash from Awapatent, the Swedish Patent and Market Appeal Court handed down several decisions on 4 October 2017, in appeal cases regarding re-examination of SPC. This article is a sequel to the AWA Point published on Monday 23 October...
On the point of re-examination of SPC term #1
By Louise Jonshammar | Posted on October 23, 2017
Reflections on the Swedish Appeal Court’s reasoning regarding Article 17.2 of the SPC Regulation As previously addressed in a Newsflash from Awapatent, the Swedish Patent and Market Appeal Court handed down several decisions on 4 October, 2017, in appeal cases regarding re-examination of SPC. Requests for re-examination, or appeals to granted SPCs, have been lodged...
OEM activities in China do not amount to trademark infringement
By AWA | Posted on February 8, 2016
The PRC Supreme People’s Court has decided that OEM activities in China do not amount to trademark infringement (however, this does not seem to be the final word on the issue) A foreign brand owner has registered its mark in a foreign country, but not in China. Another unrelated entity has registered the same or...
Tags: OEM, PRETUL, SPC, Supreme People's Court, TRUPER, Zhejiang Higher People's Court
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