China IP Magazine 中国知识产权杂志

DT Mobile files 680.5 million RMB lawsuit against Spreadtrum CICT Mobile announced on November 3 that its wholly-owned subsidiary, DT Mobile, has filed a lawsuit against Spreadtrum Communications with the People's Court of Haidian District, Beijing. The lawsuit concerns a technical cooperation and development contract dispute worth 680.5 million RMB. The court has also granted DT Mobile's request for property preservation. The announcement detailed that DT Mobile and Spreadtrum had entered into several cooperation agreements and supplementary agreements for the development of TD-SCDMA terminal-specific chips and related terminal modules. DT Mobile fulfilled its contractual obligations, leading to the successful development of the chips and modules. However, despite selling the jointly developed products, Spreadtrum failed to pay DT Mobile the agreed-upon base royalty fees and upper protocol stack royalty fees. As a result, DT Mobile is seeking to recover the unpaid fees and liquidated damages accrued from January 1, 2013, onwards. The total claim amounts to 680.5 million RMB. Additionally, DT Mobile is requesting that Spreadtrum cover all litigation costs. CICT Mobile noted that while the case has been accepted and a property preservation ruling issued, the court has not yet held a hearing. Consequently, the impact on the company's current or future profits remains uncertain and will depend on the final court judgment. DT Mobile, established in 2002, is the pioneer of China's independently developed third-generation mobile communication standard, TD-SCDMA. Spreadtrum Communications, founded in 2001 and a subsidiary of UNISOC, specializes in the development of mobile phone chip platforms. The dispute between DT Mobile and Spreadtrum is not new. In 2011, DT Mobile filed for arbitration with the Beijing Arbitration Commission to claim overdue payments of base royalty fees and upper protocol stack royalty fees from Spreadtrum, but the request was denied. In 2015, DT Mobile took the matter to the Beijing Intellectual Property Court over the same issue and won the case, with the court ruling that Spreadtrum must pay the related fees amounting to approximately 537 million RMB. For more: https://lnkd.in/gNW-Cczh

China IP Weekly——the latest updates of global IP news #ChinaIP Focus 1. China accounts for about 70% of global drone patent applications 中国无人机领域专利申请量约占全球七成 2. #Lenovo sues #ZTE for #SEP Infringement in UK Court 联想在英国法院起诉中兴通讯侵犯标准必要专利 3. #OPPO and #InterDigital sign global patent license agreement OPPO与InterDigital签署全球专利许可协议 IP Practice 4. First Solar says several large Chinese solar panel makers are infringing on its patents First Solar称多家中国太阳能电池制造商侵犯了其专利 5. #Oracle sues payment software company Procore over trade secrets 甲骨文公司起诉支付软件公司Procore侵犯商业机密 6. U.S. jury rules that #Apple infringed on two of Masimo's design patents 美陪审团裁定苹果侵犯了Masimo的两项外观设计专利 7. #Teva hit with $503 mln EU antitrust fine for disparaging rival product Teva因诋毁竞争对手产品，被欧盟处以5.03亿美元反垄断罚款 8. #Schneider, Legrand, Rexel and Sonepar fined 470 million euros in French for fixing price 施耐德、罗格朗、蓝格赛和索能达因价格操纵被法国竞争监管机构罚款4.7亿欧元 Click to read the full article: https://lnkd.in/gNv-fKnP

#Gellec withdraws RMB 149 million patent lawsuits against its rival #SEMCORP amid ongoing legal battles Chinese lithium-ion battery separator supplier Gellec has withdrawn its RMB 149 million patent infringement lawsuits against its rival SEMCORP, according to an announcement by SEMCORP on Monday. The announcement states that SEMCORP received civil rulings from the Guangzhou Intellectual Property Court allowing Gellec to withdraw two separate lawsuits against the company. The lawsuits, initially disclosed in December 2023, involve two invention patents, numbered ZL201810969215.2 and ZL201810859589.9. Gellec had previously claimed RMB 50 million and RMB 99 million in damages, respectively. The reason behind Gellec's decision to withdraw the lawsuits remains unclear. A news report earlier this month revealed that one of the disputed patents, ZL201810969215.2, was declared invalid by the China National Intellectual Property Administration (CNIPA) on October 11. The other disputed patent, ZL201810859589.9, has faced three invalidation challenges, with the final decision still pending. SEMCORP did not mention whether the two parties have reached a settlement. To date, SEMCORP has filed at least five separate lawsuits against Gellec, claiming a total of RMB 280 million in damages. In May 2023, SEMCORP filed lawsuits against Gellec for infringing on three of its patents, numbered ZL201810751698.9, ZL201920914445.9, and ZL201921292978.4, seeking a total of RMB 70 million in damages. SEMCORP withdrew the lawsuit related to the ZL201921292978.4 patent in November 2023 and the lawsuits related to the ZL201810751698.9 and ZL201920914445.9 patents in March 2024 following invalidation decisions by the CNIPA. In August 2023, SEMCORP filed additional lawsuits against Gellec in the Guangzhou Intellectual Property Court for infringing on its patents numbered ZL201380061102.8 and ZL201810710744.0, seeking a total of RMB 210 million in damages. These two lawsuits are still pending. Listed on the China A-share market since September 2016, SEMCORP is a leading player in the lithium battery separator sector. The company's mid-year report for 2024 indicates that its lithium battery separator business currently holds 447 active patents, including 36 international patents. Additionally, there are 252 patents pending, with 92 being international applications. Founded in February 2010, Gellec develops as an emerging rival of SEMCORP in the lithium battery separator sector. According to GGII (Gaogong Industry Institute) statistics, SEMCORP and Gellec rank first and fourth, respectively, in the domestic market share for wet-process lithium battery separators. In September 2023, Gellec withdrew its initial public offering (IPO) application from the STAR Market of the Shanghai Stock exchange, a decision that insiders believe is related to its ongoing lawsuits with SEMCORP.   Photo: obuda For more: https://lnkd.in/grv8w6mZ

2024 #AIPPI World Congress passes "AIPPI Hangzhou Resolutions" On October 22, the four-day 2024 AIPPI World Congress concluded in Hangzhou, during which the "2024 AIPPI Hangzhou Resolutions" were passed by the Congress Executive Committee, marking a significant milestone in global IP policy making. The resolutions are expected to serve as a vital reference for international organizations and national governments in developing intellectual property laws and policies. Gathering over 2,300 IP professionals from 92 countries and regions, the Congress featured around 100 sessions centered on the theme of "Balanced protection and innovative development of intellectual property." These discussions helped foster international consensus on collaboration and spurred enthusiasm for innovation. The "2024 AIPPI Hangzhou Resolutions," a major outcome of the Congress, focus on four key study areas: "harmonization of disclosure requirements and consequences of non-compliance," "conflicts between composite trade marks including non-distinctive elements," "defense of parody in copyright," and "unjustified allegations of infringement of Intellectual property rights." These topics span patents, trademarks, copyright, and rights enforcement. The resolutions are scheduled for formal release approximately two weeks post-conference and will be submitted to the World Intellectual Property Organization (WIPO), World Trade Organization (WTO), and legislative, administrative, and judicial bodies in leading jurisdictions worldwide, establishing a foundational resource for shaping future IP policies. For more: https://lnkd.in/gmvQDZ-4

Overview of Intellectual Property in #Chile This article, provided by @Johansson & Langlois - Intellectual Property, gives an overview of the intellectual property (IP) landscape in Chile, detailing the country's membership in various international organizations and treaties, as well as the key provisions and recent amendments to Chilean IP laws. It covers topics related to industrial property, including patents, trademarks, and industrial designs, as well as copyrights and plant breeders' rights. Click to read the full article: https://lnkd.in/g7vdirQu

China IP Weekly——the latest updates of global IP news #ChinaIP Focus 1. China leads global #PCT patent filings for five consecutive years 中国PCT国际专利申请量连续五年位居世界第一 2. Lorenza Ferrari Hofer becomes new President of #AIPPI Lorenza Ferrari Hofer女士成为新一届AIPPI会长 3. #Lenovo secures a win against #Ericsson in US appeals court 联想在美国上诉法院赢得针对爱立信的胜利 IP Practice 4. #LG Chem files patent suit against China's #Ronbay LG化学对中国容百提起专利诉讼 5. Western Digital owes $315.7 million for infringing data security patent 西部数据因侵犯数据安全专利需赔偿3.157亿美元 6. Trina Solar sues Canadian Solar for alleged TOPCon patent infringement 天合光能起诉阿特斯阳光电力集团，指控其涉嫌侵犯TOPCon专利 7. #Sekisui Chemical files lawsuit against its rival #Kuraray for patent infringement 积水化学起诉其竞争对手可乐丽专利侵权 8. Alcon Entertainment sues #Tesla, Warner Bros over AI images 爱尔康娱乐起诉特斯拉和华纳兄弟滥用AI图像 Click to read the full article: https://lnkd.in/gCKZNWWH

EPO-CNIPA PCT pilot project enters new phase, enabling RMB fee payments for Chinese applicants Starting December 1, 2024, users of the CNIPA-EPO PCT pilot project will be able to pay international search fees in RMB directly to the CNIPA, as per an joint announcement by the European Patent Office (EPO) and the China National Intellectual Property Administration (CNIPA) on October 23. EPO and CNIPA have announced the next phase of their Patent Cooperation Treaty (PCT) pilot project. This phase is designed to make it easier for Chinese applicants to designate the EPO as their International Searching Authority (ISA). Effective December 1, 2024, applicants can pay search fees in RMB through the CNIPA. The first phase of this pilot project began on December 1, 2020. The second phase seeks to further streamline the application process. In this new phase, Chinese nationals and residents can pay fees in RMB, facilitating access to the EPO's high-quality international search and written opinions. Designating the EPO as their ISA offers Chinese applicants faster European patent protection. Phase two also maintains key advantages. Applicants requesting international preliminary examination with the EPO under PCT Chapter II will enjoy a 75% reduction in examination fees. Furthermore, they will not need a supplementary European search or a translation of the PCT application when entering the European phase, saving both time and costs. The pilot project is limited to 3,000 applications per year to ensure widespread access to these benefits. CNIPA commissioner Shen Changyu noted that the pilot project, a significant part of the cooperation between CNIPA and EPO, has benefited over 440 innovative entities since its launch nearly four years ago, receiving high praise from Chinese users. "We welcome the second phase, which allows Chinese users to pay fees directly in RMB, making it more convenient to apply for and obtain patent protection in Europe," Shen said. EPO president António Campinos highlighted that the new payment method is a significant milestone in the ongoing collaboration with CNIPA. "This improvement offers greater convenience for Chinese applicants by streamlining procedures and cutting costs. Together with CNIPA, we continue to support innovators in China in accessing Europe’s technology markets, promoting growth and enhancing the ties between our regions," Campinos stated. For more: https://lnkd.in/gBwG8Q4C

Lorenza Ferrari Hofer becomes new President of #AIPPI Following the successful conclusion of the 2024 AIPPI World Congress held at Hangzhou, Ms. Lorenza Ferrari Hofer has officially succeeded Mr. Shoichi Okuyama as the new president of AIPPI. Before her election as president, Ms. Ferrari Hofer served as the first vice president of AIPPI, where she made significant contributions to the association's development. A seasoned professional in the intellectual property field, Ms. Ferrari Hofer is currently a partner in the Intellectual Property Group at Schellenberg Wittmer Ltd and co-heads the Life Sciences group.

2024 #AIPPI World Congress held in Hangzhou The 2024 AIPPI World Congress commenced in Hangzhou on October 19, the first time in AIPPI's 127-year history that the global congress has been held in China. The event, themed "Balanced Protection and Innovative Development of Intellectual Property," is co-hosted by the China Council for the Promotion of International Trade (CCPIT) and AIPPI, organized by the Hangzhou Municipal Government and AIPPI China. Approximately 2,300 IP professionals from 92 countries and regions attended the conference, including over 1,500 overseas participants. Click to read the full article: https://lnkd.in/dp5ZUDpa

#CALB files 1.007 Billion RMB lawsuit against #CATL amid intensifying patent battles The patent litigation battle between China's lithium battery giants Contemporary Amperex Technology Co. Limited (CATL) and China Aviation Lithium Battery (CALB) is intensifying. On October 18, CALB announced it has filed a lawsuit against CATL and its affiliates for infringing on four of its patents, seeking a total of 1.007 billion RMB in damages. This marks the first time CALB has initiated legal action against CATL over patents. The largest claim involves the "liquid-cooled plate battery module" patent. CALB accuses CATL and Tesla Automotive Sales and Service (Wuhan) Co., Ltd. of infringement, demanding they cease production and sales of the infringing products. CALB is seeking 560 million RMB in economic damages and 2 million RMB in legal fees. CALB has also filed lawsuits concerning three other patents. Besides CATL, the defendants include CATL's subsidiary Sichuan Times New Energy Technology Co., Ltd., and automotive manufacturers Avita and Zeekr's sales companies. The patents in question cover "battery device and assembly method," "battery and battery device," and "battery pack." This is not the first clash between the two companies. The patent war between CALB and CATL began in July 2021. Over the past three years, CATL has filed multiple patent infringement lawsuits against CALB, with claims exceeding 700 million RMB. CATL took a strong stance from the start, filing its first lawsuit in 2021 over five patents, seeking 188 million RMB in damages. The litigation has intensified over time, with fierce disputes over multiple patents. So far, CATL has won three cases, including patents for "current collector component and battery" and "explosion-proof device," securing a total of 44.53 million RMB in compensation. However, CALB plans to appeal these rulings. CATL has also faced setbacks. In December of last year, the Supreme People's Court overturned initial rulings by the Fuzhou Intermediate People's Court on two patents, "cathode sheet and battery" and "lithium-ion battery," dismissing CATL's lawsuits. The Fuzhou court had previously ruled that CALB should compensate CATL 57.10 million RMB. Additionally, the companies were involved in a patent litigation concerning the "power battery packaging assembly" patent. On October 18, CALB disclosed it had lost this case, with the Fujian High People's Court ordering it to compensate CATL 58.55 million RMB for economic losses and infringement cessation expenses. CALB intends to appeal the ruling. Photo: hungarytoday Click to read the full article: https://lnkd.in/gVr5ApZ8