A number of other landmark IP cases in 2017 has highlighted the willingness of the Chinese Courts to rule in favour of IP right owners. Here we provide summaries of two cases in which disputes between foreign corporations and Chinese companies were involved.
Luxury designer brand, Michael Kors, has successfully defended a trade mark lawsuit filed by Shantou Chenghai Jianfa Handbag Craft Factory alleging infringement for using its MK logo. The Hangzhou Intermediate People's Court made the decision to reject the claims raised by the claimant, Shantou Jianfa, which had pushed for damages worth CNY 95 Million, the highest ever claimed in a trade mark infringement case!
A recent case in December 2017, involving Danish toymaker, Lego and its rival Bela, has seen the Shantou Intermediate Court ruling in favour of Lego, which had claimed copyright infringement and unfair competition against producers of imitation toy bricks in China. This reassuring victory for Lego highlights once more China's increasing willingness to enforce IP law against domestic infringers.
Growth in IP registrations
China has seen huge growth in patent filings in 2017, with government data showing the number of applications filed in China reaching a record 1.38 million, a 14.2 percent rise from 2016. International filings from China via the Patent Cooperation Treaty have also jumped, rising to 12.5 percent (51,000) last year compared to 2016. According to Commissioner of the State Intellectual Property Office, Shen Changyu, the nation's growth in IP innovation is largely thanks to an increased collaboration with a wide variety international partners.
Similarly, the number of new trade mark applications received in 2017 also increased compared to previous years. According to the State Administration for Industry and Commence (SAIC), the Chinese Trade Mark Office (CTMO) received more than 5.7 million applications for trade mark registration in China, representing an increase of 56% compared to 2016 and an increase of 98% compared to 2015.
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