This is available at the link below:
https://mp.weixin.qq.com/s/zQ0cveA644j03rfrMdTPxg
There are six cases that are IP related as below (AM means anti-monopoly case, while AU means anti-unfair competition case):
- The case involving Desloratadine Citrate Disodium (AM, domestic parties on both sides)
- The case involving Batroxobin (AM, domestic parties on both sides)
- The case involving passing-off of the Siemens mark (AU, foreign plaintiff and domestic defendant)
- The trade secret case involving light initiated chemiluminescence assay system general purpose fluid (AU, domestic parties on both sides)
- The case involving an app for grabbing and then distributing data from
TikTok (the Chinese version, AU, domestic parties on both sides) - The case involving an app for bot-type leveling up in
Tencent online games (AU, domestic parties on both sides)
There is one AM case that involved
I am trying to obtain the original decisions to study further. If you have the original decisions, I will be grateful for your sharing.
Below are my observations on each of the above cases based on the
1) The case involving Desloratadine Citrate Disodium
This is interesting as the decision was reversed at the
-
Desloratadine Citrate Disodium fell within the scope of patent protection of the defendant (need to check the original decision on what patent is involved, what is the scope, and what are the plaintiff's acts involved), and the
- There was no sufficient evidence showing that the price set by the defendants was unreasonably high after considering the fluctuation in prices of the raw materials.
- There was no sufficient evidence showing that there was tie-up sales with the subject Desloratadine Citrate Disodium.
- However, do not be shy to utilize your patents in
China to prevent others from practicing your invention, provided that you do not stretch too far to, for example, tying-up. - Play nice. Before a transaction is turned down, think twice.
- Passing-off a famous mark could result in huge trouble in
China , which may be in the order of100 million RMB . - Summarization of existing technologies could receive trade secret protection in
China . - The next revision of the
China copyright law may wish to consider including protection for combinations of data on social media platforms. - Play online games only if you have the time to actually play it.
- Data protection exists in
China . Use it.
2) The case involving Batroxobin
Not much was argued for this case, as the defendant was determined by the SAMR that the defendant was wrong by refusing to trade with the plaintiff while occupying 100% of the market, and therefore had conducted monopolistic acts. The defendant only argued for jurisdiction in this case, which failed.
3) The case involving passing-off of the Siemens mark
While there is not much to talk about the merit of the case itself (the word "Siemens" was used by the defendants, and the court admitted that "Siemens" has a relatively high level of fame in
4) The trade secret case involving light initiated chemiluminescence assay system general purpose fluid
This is a typical trade secret case - employee left, went to another company with trade secrets with original employer. The interesting point of this case, in my view, is summarization of existing technologies was considered by the court as trade secret that worths protection.
5) The case involving an app for grabbing and then distributing data from
The data grabbed from
6) The case involving an app for bot-type leveling up in
First, some explanation. When playing online games, it is not unusual that some people use some bot-type tools to level up in the game without actually spending time playing the game. Further, in
For the non-IP case involving
Some lesson to learn, in my view:
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