China: Trials & Appeals & Compensation

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
식별성을 갖춘 유명드라마 제목은 “일정한 영향력을 가진 상업적 표지”를 구성한다
A Chinese technology company successfully sued multiple entities for unfair competition after they produced and sold alcohol products using the title and stylized characters from the hit crime drama "Kuang Biao" (狂飙). The court ruled that the drama's title had acquired sufficient commercial recognition to constitute a protected commercial identifier, and the defendants' unauthorized use created consumer confusion about potential licensing or commercial relationships.
China IP
K
Kangxin
Article
Supreme Court: How Should Compensation Be Determined For Continuing Infringement During Prior Litigation?
A Chinese patent infringement case examines whether damages for continuing infringement during prior litigation proceedings should be included in subsequent lawsuits. The Supreme People's Court clarifies the principles for determining damages calculation periods when a patentee files multiple lawsuits against the same infringer, addressing the scope of prior judgments and the treatment of ongoing infringing acts discovered during litigation.
China IP
AC
AFD China
Article
Supreme Court: After First-Instance Infringement Finding, Preliminary Injunction Generally Should Be Maintained
The Supreme People's Court has issued landmark rulings in two patent infringement cases that establish a crucial legal standard for preliminary injunctions issued alongside first-instance judgments. These decisions clarify when and how courts should maintain injunctive relief during the reconsideration stage, particularly when substantive hearings have already established infringement.
China IP
AC
AFD China
Article
The Principle Of Holistic Assessment Of Inventiveness In Light Of Technical Feature Synergy
The Supreme People's Court has issued a landmark ruling clarifying that patent inventiveness must be assessed holistically, considering all technical features and their coordination relationships together rather than evaluating each feature in isolation. This decision addresses a critical methodological question in patent examination: how should reviewing bodies properly evaluate the inventive contribution of interconnected technical features to avoid the trap of hindsight reasoning?
China IP
AC
AFD China
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