On 7 Dec. 2023, China’s Supreme People’s Court (SPC) released the 39th batch of guiding cases.
This batch consists of eight cases numbered 217 to 224, all involving intellectual property rights (IPR).
The details are as follows.
- Guiding Case No. 217 involves disputes over IPR infringement on e-commerce platforms.
- Guiding Case No. 218 involves how to determine the nature of registration of integrated circuit layout designs and the originality of the layout designs in question.
- Guiding Case No. 219 involves determining whether acts of IPR infringement constitute serious circumstances and how to apply punitive damages.
- Guiding Case No. 220 involves determining the amount of damages when all technical secrets are used and intentional infringement is established.
- Guiding Case No. 221 clarifies that losses incurred by operators participating in horizontal monopoly agreements during the period of participation and performance of the agreement are not protected by law.
- Guiding Case No. 222 specifies that the registered patentee shall abide by the principle of good faith and bear the obligation to act in good faith to maintain the validity of patent rights during disputes over patent ownership.
- Guiding Case No. 223 involves the determination of the jurisdictional for civil disputes over infringement of the right to disseminate works through information networks.
- Guiding Case No. 224 clarifies that in case of disputed copyright ownership, the ownership of works cannot be determined solely based on watermarks or rights statements.
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