Two Patents with Cumulative Claims of CNY 1 BILLION in Photovoltaic Silver Paste Declared Fully Invalid on Same Day
Recently, the China National Intellectual Property Administration (CNIPA) formally issued examination decisions declaring both invention patents for photovoltaic silver paste (ZL201180032359.1 and ZL201180032701.8), owned by SunPower Corporation (a wholly-owned subsidiary of Zhejiang Sot), entirely invalid. The invalidation petitioner was Zhejiang Gonda Electronic Materials Co., Ltd.
The two patents originate from a patent family filed by DuPont in 2011, corresponding to early paste technology for PERC cells, and have served as the core rights basis for five years of multiple infringement lawsuits filed by DK Electronic Materials, Inc. and its subsidiary Zhejiang Sot, with cumulative claims amounting to CNY 1 billion. Since 2021, the plaintiffs have filed five infringement actions against several photovoltaic silver paste enterprises, with the highest single-case claim reaching CNY 200 million. Among these, only Gonda Electronics chose to actively defend itself, and immediately after being sued, filed for patent invalidation while simultaneously counter-suing for malicious litigation and claiming CNY 5 million in damages—a case that remains pending.
The CNIPA determined that the numerical range for glass frit content in the patent claims was overly broad and lacked support from the specification, failing to comply with the relevant provisions of the Patent Law, and accordingly ruled the patents entirely invalid. DK Electronic Materials disagreed with the decision and has announced that it will file an administrative lawsuit with the Beijing Intellectual Property Court. (June 4, 2026, IP Frontier)
Trademarks
Raise from CNY 12 Million to CNY 30 Million in Compensation-the Second Instance on Trademark Infringement Case on “Honor”
Recently, the Shanghai Intellectual Property Court issued a second-instance judgment in the trademark infringement case brought by Honor Terminal Co., Ltd. (hereinafter “Honor”) against seven defendants, including Chuang Company and Mai Company, increasing the damages from the first-instance award of CNY 12 million to CNY 30 million, while also ordering Mai Company and Chuang Company to immediately cease their trademark infringement.
It is understood that Honor's Registered Trademark No. 10638363, “荣耀” (Honor), is approved for use on products such as mobile phones and tablet computers, has been repeatedly recognized as a well-known trademark, and enjoys extremely high market recognition. Mai Company had previously assigned the trademark “荣耀剑舞” (Honor Sword Dance), Registration No. 30502169, and licensed Chuang Company to use it.
Subsequently, Chuang Company manufactured, and Wu Company, Ci Company, and other entities sold online, laptop computers bearing the “荣耀剑舞” mark. Honor, believing this conduct infringed its exclusive trademark rights, sued the seven related companies and sought 2x punitive damages, claiming CNY 50 million.
After trial, the first-instance court held that three entities, Ao Company, Xue Company, and an internet service provider, were not liable for damages. Since the “荣耀剑舞” trademark was still a valid registered trademark at the time, the first-instance court did not award punitive damages and ordered Mai Company and Chuang Company to jointly compensate Honor in the amount of CNY 12 million.
Honor appealed the first-instance decision, arguing that the lower court had failed to fully assess the defendants' use of the marks, had not granted the request for injunctive relief, and reiterated its claim for punitive damages, requesting that the second-instance court order the seven defendants to pay a total of CNY 30 million.
Upon review, the second-instance court found that the first-instance findings of fact were correct but that the application of law was flawed—the defendants’ standalone use of the textual mark “荣耀剑舞” also constituted trademark infringement. Considering the case details, the “荣耀剑舞” trademark was subsequently declared invalid. Mai Company and Chuang Company had previously settled with Honor over similar tablet computer infringement issues and therefore should have been aware of the risk that the trademark rights were unstable. Nevertheless, after receiving the ruling declaring the trademark invalid, both companies continued to manufacture and sell infringing products, demonstrating clear subjective intent to infringe.
Investigation revealed that the total sales of the infringing products exceeded CNY 180 million, with sales after the trademark's invalidation alone amounting to more than CNY 28.97 million, indicating substantial profits from infringement. Taking into account the circumstances of the infringement, sales data, profit margins, and the rules governing punitive damages, the second-instance court ultimately upheld Honor's damages claim of CNY 30 million in full and explicitly ordered Mai Company and Chuang Company to cease all trademark infringement activities. (May 28, 2026, IP Frontier)
Trade Secrets
13 Chinese Judgments Included in “WIPO Lex Trade Secrets Case Law Collection” Database
Recently, the World Intellectual Property Organization (WIPO) officially launched the “WIPO Lex Trade Secrets Case Law Collection” database on its website, which includes 13 Chinese court decisions on trade secrets, tying with the United States for the highest number among all jurisdictions.
In its introduction to the database, the WIPO website emphasized that, among all types of intellectual property, trade secrets have become a critical area for protecting valuable information and competitive advantages. Jointly developed by the WIPO Patent and Technology Law Division and the WIPO Judicial Institute, the database consolidates typical judicial decisions from multiple jurisdictions and aims to address global concerns regarding trade secret protection and the core role courts play in interpreting and enforcing trade secret laws.
The database currently contains 66 decisions from 9 countries: 13 each from China and the United States, 12 from India, 11 from Germany, 5 from South Korea, 5 from Italy, 4 from Brazil, 2 from the United Kingdom, and 1 from Tanzania.
The 13 Chinese court decisions are: the “Natural Protease 3” case, the “Rubber Antioxidant” case, the “Automotive Chassis” case, the “Shen Gu” case, the “Long Mou World” project code case, the “Carbomer” case, the “Vanillin” case, and the “Melamine” case from the Intellectual Property Division of the Supreme People's Court; the “Reflective Material” case from the Henan Provincial High People’s Court; the “Lilly” case from the Shanghai No. 1 Intermediate People’s Court; the “Spoiler” game unreleased character case from the Shanghai Pudong New Area People’s Court; the “Lentinan” case from the Nanjing Intermediate People’s Court of Jiangsu Province; and the “Intelligent Search Algorithm” case from the Shenzhen Intermediate People’s Court of Guangdong Province. (May 21, 2026, Press Office of the Supreme People’s Court)
Unfair Competition
Crocs Unfair Competition Case Reversed on Second Appeal
Crocs sued Hotwind for imitating the trade dress of its 5 styles of clog shoes, claiming unfair competition and seeking CNY 15 million in damages. Previously, the Suzhou Intermediate People's Court ruled in favor of Crocs in the first instance, finding Hotwind liable for infringement and ordering it to pay CNY 2.5 million. Recently, the Jiangsu Provincial High People's Court issued a second-instance judgment (Case No.: (2024) Su Civil Final No. 665), reversing the first-instance decision and dismissing all of Crocs' claims.
The second-instance court held that Crocs failed to provide sufficient evidence to prove that the trade dress of the 5 clog styles had acquired the requisite market influence at the time of the alleged infringing acts, nor had it established that consumers had developed a stable association between the trade dress and the source of the goods. The specific grounds are as follows:
Publicity: Crocs’ official website, early media reports, endorsement and promotion contracts, etc., did not demonstrate effective publicity specifically directed at the trade dress of the clog styles at issue.
Sales: Overall company revenue, store counts, and brand rankings on platforms could not be attributed to the sales volume and market performance of the clog styles bearing the specific trade dress. The unilateral sales statements submitted by Crocs lacked supporting evidence and were not deemed credible.
Product Attributes: Crocs itself acknowledged that the hole, strap, and other design features of the clogs were primarily intended to achieve practical functions such as lightness, breathability, and secure fit.
Enforcement: Crocs had very few prior cases enforcing the trade dress of its clogs, and the well-known status of its brand trademark could not be equated with the fame of the trade dress at issue.
Based on all the evidence, the second-instance court ruled that the trade dress of the clog styles in question did not constitute “trade dress with certain influence” protected under the law, and Hotwind did not engage in unfair competition. (June 8, 2026, IP Library)
Statistics
China Copyright Protection and Development Status (2025) Released
Recently, it was learned from the National Copyright Administration that the administration has compiled Chinese and English versions of the “China Copyright Protection and Development Status (2025).” The report shows that in 2025, the National Copyright Administration comprehensively strengthened copyright creation, exploitation, protection, management, and services, guiding local copyright authorities to investigate and handle 4,170 copyright infringement cases, shut down 2,920 infringing websites, and delete 1.16 million infringing links.
The report shows that the total number of copyright registrations nationwide in 2025 reached 10,677,000, including 3,182,800 software copyright registrations, representing a year-on-year increase of 12.58%. Following the first time that the national copyright registration volume exceeded 10 million in 2024, it once again surpassed 10 million in 2025, comprising 7,493,900 work registrations and 3,182,800 software copyright registrations.
The report mainly covers four aspects: (1) the copyright legal system; (2) copyright protection and supervision; (3) copyright services and industrial development; and (4) international copyright exchanges and cooperation. (June 6, 2026, Xinhuanet)
