2020 Top Ten China Enterprise Intellectual Property Events

① Trademark Cybersquatting

 

During the Covid-19 epidemic, trademarks related to the epidemic, such as Vulcan Mountain (火神山), Thunder Mountain (雷神山), Redecive, Xinguan (Covid-19), and Fengcheng (lockdown), were registered.

 

 

② Academician Chen Wei's Covid-19 vaccine Patent Application

 

Patent application related to Ad5-nCoV vaccine is published for the first time. The name of the invention is "A Recombinant Novel Coronavirus Vaccine Using Human Replication-Defective Adenovirus as a Vector". The latest progress was the Covid-19 vaccine (Ad5-nCoV vaccine) led by Academician Chen Wei has been granted a patent.

 

 

③ Gree v. Aux Patent Infringement Case

 

Gree won the patent infringement case against Aux for malicious infringement, with forty million yuan compensation. Aux used to sentenced for forty million yuan for compensation of infringing Gree's expiring utility model patent. Guangdong Higher People's Court "rejected Ningbo Aosheng Trading Co., Ltd.'s application for reconsideration" in its execution ruling.

 

 

④ Laoganma and Tencent

 

LaoGanMa was sued by Tencent for owing tens of millions of advertising fees. LaoGanMa issued a statement saying: never had any commercial cooperation with Tencent.

 

 

Press conference of China National Intellectual Property Administration

 

In the first half of 2020, China's main intellectual property indicators were in line with expectations, and the development of the intellectual property industry remained stable. In the first half of the year, China's invention patent applications were 683,000; a total of 217,000 invention patents were authorized. Three types of patent applications amounted to 2.195 million, a year-on-year increase of 9.8%; the number of trademark applications reached a new high, significantly increased by 24.6% and reached 4.284 million.

 

 

⑥ Triller sued TikTok for patent infringement

 

The patent involved in the lawsuit was a US patent US9691429B2. It is said that the patent inventor is the founder of the Triller platform. He applied for a 2017 authorization in 2015, and it seems that there is no patent of the same family outside the United States. The prosecution was clearly written that it mainly targeted TikTok's "green-screen video" function, claiming that TikTok infringed patent claims 1, 3, 4, 5, 6, and 7. TikTok launched "green-screen video" in December last year.

 

 

⑦ DJI 337 Investigation Case

 

DJI drones encountered a 337 ban in the United States. In October 2018, a company named Autel Robotics requested the U.S. International Trade Commission (ITC) for infringement of three U.S. patents (referred to as the 013, 174, and 184 patents). A 337 investigation was initiated against DJI drones. On March 2, the Chief Administrative Law Judge of the US ITC ruled that approximately seven DJI products infringed some of the claims of the 184 patent. The latest ITC ruling stated:

 

(1) DJI's products were ruled to infringe Autel No.184 patent;

(2) The issue of the rotor locking device will not be judged this time;

(3) Remedies are limited exclusion orders and prohibition orders;

(4) Suspend the execution of the limited exclusion order and the prohibition order before the final result of the validity of the No.184 patent.

 

Therefore, the result of the DJI 337 investigation was that the patent was infringed but the injunction was suspended.

 

 

⑧ The first patent case of Sci-tech Innovation Board

 

At the end of July 2019, Guangfeng Technology, which had just been listed on the Sci-tech Innovation Board, was sued by Delta Electronics, involving infringement of three invention patents. The subject matter of the lawsuit was 48 million, and 30 million have been frozen, which was the first Sci-tech Innovation Board patent case. According to the Announcement disclosed by Guangfeng Technology on October 20, Guangzhou Intellectual Property Court ruled that the non-infringement defense of Guangfeng Technology was established and rejected all the demands of Delta Electronics.

 

 

Dyson and Puppy Electronic

 

In September 2017, the Puppy D535 vacuum cleaner was sued for products infringement. Dyson sued Puppy Electronic for patent infringement with two industrial design patents, each claiming 500,000 (1 million in total).


In December 2017, Puppy Electronic filed invalid patents against two industrial design patents involved in the suit. 


In May 2018, China National Intellectual Property Administration issued a document announced that Dyson's two industrial design patents remained valid. Subsequently, Puppy Electronic initiated another patent invalidation request against the industrial design patent No. 201430281733.8 involved in the lawsuit.


In February 2019, the patent was still maintained by CNIPA. Finally in July 2019, Puppy Electronic announced to apply for the termination of IPO review.

 

Recently, first-instance judgments were issued in these two infringement cases. Beijing Intellectual Property Court supported Dyson's request, and the two judgments sentenced Puppy Electronic to compensate 500,000 for economic losses and 85,000 for reasonable expenses.

 

 

⑩ Honor intellectual property

 

Huawei sells Glory and "does not own any shares, nor participate in management and decision-making." At present, the intellectual property rights under the name of Glory Terminal Co., Ltd. mainly include four software copyrights, all of which are related to smart devices.

 

Huawei has licensed at least seven Honor trademarks in Category nine to Honor Terminal Co., Ltd. and the license period starts on April 1, 2020, which was the day when Honor Terminal Co., Ltd. was established. In addition to the Honor trademark, Honor’s Category nine Chinese trademarks, as well as four other related trademarks, are also licensed to Honor Terminal Co., Ltd., and the license period starts from April 1, 2020. Up to now, there have been 12 announcements on the registration of licenses for Honor/Honor-related trademarks.