Court: Supreme People's Court

How IWNCOMM v Apple set the benchmark for SEP injunctions

Featured in SEP/FRAND Hub 2023/2024

A deep dive into the Supreme People’s Court’s multi-factor analysis in IWNCOMM v Apple illustrates that the decision of whether to grant injunctive relief involves a nuanced grasp of the different factors at issue and how they interact.

04 July 2024

Chinese courts can now set SEP rates for foreign patent pools

Landmark Supreme People’s Court decision is a win for TCL in long-running dispute against Access Advance

27 June 2024

Supreme People’s Court redefines use in trade secret infringement case with record-breaking damages award

Featured in Trade Secrets Hub 2024

The Supreme People’s Court is providing stronger protection for trade secrets in a recent high-profile ruling. The judgment highlights the court’s inference of infringement during litigation and sets a new precedent for Chinese courts deciding on trade secret matters.

26 June 2024

Building a robust trade secret strategy in China

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2024

Life sciences companies should look to China’s recent legislation and court decisions as a framework to build a robust China IP strategy that integrates both patents and trade secrets.

24 June 2024

Supreme People’s Court clarifies jurisdiction for online disputes and how to determine commercial value amid stronger focus on trade secret protection

Featured in Trade Secrets Hub 2024

In an award of unusually high damages, China’s Supreme People’s Court has shed light on the rules for evidence in trade secret infringement cases and outlined the ways in which the commercial value of technical information should be determined.

02 May 2024

Landmark Chinese trade secrets damages ruling carries important messages for rights holders

The Supreme People’s Court’s backing of a record payout to Sennics underscores an important shift away from the historic reluctance for large awards

13 March 2024

China: Trade secrets – policy and latest developments

Featured in Trade Secrets Hub 2024

Currently, the trade secret protection framework is achieved via three paths: civil enforcement litigation, criminal measures and administrative enforcement requests. Although the number of trade secret cases is increasing, the win rate is relatively low, indicating that Chinese companies still lack awareness when it comes to protecting these rights.

07 March 2024

Second-instance judgment in ACT v Oppo sheds light on comparable agreements and how to find fault in SEP licensing negotiations

Featured in SEP/FRAND Hub 2023/2024

In a six-patent SEP dispute, the Supreme People’s Court used the comparable agreement method to determine the licence fee that Oppo should pay to Advanced Codec Technologies and found that both parties were at fault for failing to reach an agreement.

01 February 2024

Supreme People’s Court offers much-needed guidance following high-profile monopoly dispute involving pharma patents

In a 2023 landmark life sciences ruling, the Supreme People’s IP Court overturned the first-instance judgment – a decision that is having lasting effects on the Chinese IP landscape when it comes to assessing monopolies that involve patents.

24 January 2024

Exclusive: China’s Supreme People’s Court hands down first ever SEP infringement decisions in parallel Oppo and Vivo disputes

Top court also gives guidance on how licensors and licensees should behave during Chinese patent licensing negotiations

16 January 2024