Recently, our firm won the first instance of an administrative litigation case for invalidation of an invention patent, in which it is ruled that the invention patent should be comp...
Introduction In the chemical field, it is difficult to seek invalidation of a patent claiming to have achieved unexpected technical effect. This case provides a strategy for success...
$325 Million Damages Awarded to MGI, Settlement Reached with Illumina on US Lawsuits
On July 15, Shenzhen MGI, a subsidiary of Shenzhen BGI, announced its settlement with the global gene sequencer giant Illumina (Illumina) in all pending lawsuits in the United States.
Under the terms of the agreement, both parties will not challenge the judgments made by the U.S. District Court for the Northern District of California and the District of Delaware. On that basis, Illumina will pay a compensation fee of $325 million to Complete Genomics, a subsidiary of MGI. (July 17, IPRdaily)
Trademark
CNY 10 Million Compensation Awarded to a Leading Valve Company in Guangdong
Recently, Guangdong High People's Court made a final judgment on a trademark infringement dispute awarding Guangdong Yongquan Valve Technology Co., Ltd. a maximum statutory compensation of CNY 10 million for the trademark infringement and unfair competition act of the infringing party (Dongguan Yongquan Company and Shenhe Company)
After the hearing, Guangdong High Court held that both parties were competitors in the same industry and same area, and the infringing party, being aware of the popularity of the infringed party and its trademark, still used the signs of “永泉阀门”(Yongquan Valve) and "YQFM" in the relevant valve product certificates and sales web pages in a prominent way, which constituted trademark infringement; the use of the characters “永泉” (Yongquan) in its company name and the domain names: yq-fm.com and yqfm.net and false pubilicity constituted unfair competition. In addition, the alleged infringing products were various in types with high value, large sales volume, the infringement lasted for a long period, and the infringing party even continued its infringing act after the administrative penalty and the first-instance judgment, demonstrating its bad faith and causing serious circumstances and consequences. Therefore, the court ruled the infringing party to cease the infringement and unfair competition acts and compensate Guangdong Yongquan Company's economic losses and related right enforcement costs totaling CNY 10 million. (August 2, People's Court Newspaper)
Policy-related
2021 China Patent Investigation Report Released
Recently, China National Intellectual Property Administration (CNIPA) released the 2021 China Patent Investigation Report. The report, with a large number of survey data, reveals that at this stage, China’s patent transfer and transformation remains active, the industrialization rate of valid invention patents continues to increase, the industry-university-research cooperation innovation has made remarkable achievements, and the domestic intellectual property protection environment is stable and improving. (July 14, CNIPA)
China’s IP Related Statistics in the First Half of 2022
In July, China National Intellectual Property Administration published the statistics for intellectual property related work in the first half of 2022. Among them, in terms of patents: in the first half of the year, China granted 393,000 invention patents, 1,473,000 utility model patents, and 383,000 design patents. 33,000 PCT international patent applications were accepted. 353 international design applications were filed by domestic applicants through the Hague Agreement. 31,000 patent reexamination cases and 5,000 invalidation cases were concluded.
In terms of trademarks: 3.674 million trademarks were registered. 2,699 Madrid trademark applications were filed by domestic applicants. 81,000 trademark opposition cases and 21,700 various trademark review cases were concluded.
In terms of geographical indications: 3 geographical indication products were approved. 365 geographical indications were approved for registration as collective marks and certificate marks. 2,239 market entities were approved to use the special sign of geographical indications.
In terms of integrated circuit layout design: 7,661 applications were filed, and 5,233 certificates were issued. (July 15, CNIPA)
Others
First-Ever WIPO Global IP Awards Reveals
According to the official website of the World Intellectual Property Organization (WIPO), the award ceremony was held on July 19 during the WIPO Assemblies. Trophies were handed to 5 winning-companies that stood out from 272 participating companies from 62 countries. The winners are (in alphabetical order): Hydraloop (Netherlands), Lucence (Singapore), Raycan (China), Shylon (China), and Splink (Japan). China takes two seats in this award, becoming the biggest winner in number.
WIPO's Global Awards program recognizes exceptional enterprises and individuals using intellectual property to make a positive impact on promoting economy, society, and culture-both at home and aboard. Winners will receive an exclusive mentorship and other forms of support to facilitate the use and transfer of their IP. (July 20, CNIPA)
