To Punitive Damages by Sending Lawyer’s Letter

In protecting intellectual property rights in China, the effect of a lawyer’s letter is generally limited. Lawyer letters have also been sent with caution because they can have unpleasant side effects. They can not only trigger aggressive countermeasures from the recipient, but also damage the legitimate rights and interests of the opponent, triggering unfair competition… Continue reading To Punitive Damages by Sending Lawyer’s Letter

Anti-Suit Injunction (ASI): The Global Legal Battle over SEP Licenses

A new global trade war is brewing between China and the West over licenses for standard essential patents (SEPs), which are supposed to be granted under FRAND (fair, reasonable and non-discriminatory) terms. Chinese companies are increasingly trying to obtain cheaper licenses for their cell phones via anti-suit injunctions (ASI). Experts are already talking about an… Continue reading Anti-Suit Injunction (ASI): The Global Legal Battle over SEP Licenses

China Is Creating a Huge Reservoir of Prior Art

When it comes to patents, the U.S. increasingly finds itself at a disadvantage in the innovation race with China. For example, AI patent applications from China significantly outpace those from the U.S., which means that China’s patent applications hurt U.S. innovators because they create a huge reservoir of “prior art.” This dramatically increases the amount… Continue reading China Is Creating a Huge Reservoir of Prior Art

Repeated trademark infringement: High punitive damages in China

Shanghai has a new precedent: The court in Pudong, within the framework of a trademark infringement lawsuit, for the first time imposed the maximum possible punitive damages of 3 million RMB at the time of the judgement, which corresponds to almost 390,000 EUR.almost 390,000 EUR. As of December 1, 2019, the statutory punitive damages will… Continue reading Repeated trademark infringement: High punitive damages in China