China IP Magazine 中国知识产权杂志 on LinkedIn: Russian Domain name disputes – new trends and practices In March 2024… (2024)

#Fulbright's IPO thwartedby major patent disputes with #Johnson & JohnsonChinese medical device maker Fulbright Medical Inc.’s plans to list on the Shanghai Stock Exchange (SSE) have been thwarted due to extensive patent litigation. The company's IPO application, which was accepted on June 30, 2023, has now been officially terminated, as announced by the SSE on August 23.Fulbright’s IPO process was significantly hindered by ongoing patent disputes with Johnson & Johnson. These legal challenges were revealed in the company's first-round inquiry response, completed in January 2024.The legal troubles began in September 2019, when Johnson & Johnson subsidiaries Ethicon and Johnson & Johnson Shanghai filed four patent infringement lawsuits with the Shanghai Intellectual Property Court. These cases targeted Fulbright’s disposable endoscopic staplers and reload cartridges, with claims totaling nearly RMB 100 million. Notably, Johnson & Johnson accused Fulbright of infringing on patents ZL200680035337.X and ZL200810131706.6, seeking RMB 35.21 million in each case. For ZL200680035337.X, the court ruled against Fulbright, awarding RMB 5.6 million in damages, a decision upheld by the Supreme People’s Court. In the case involving ZL200810131706.6, however, an initial ruling of infringement was overturned on appeal after the patent was invalidated.Fulbright also faced mixed outcomes in other related cases. In one instance, the company successfully defended itself, which led Johnson & Johnson to withdraw its appeal. Another case, concerning a claim of RMB 28.16 million related to patent ZL200610126469.5, is currently under appeal after a favorable first-instance ruling for Fulbright.As Fulbright pursued its IPO, new legal challenges emerged. In August 2023, Cilag GmbH International and Johnson&Johnson Shanghai filed three additional patent infringement lawsuits with the Nanjing Intermediate People’s Court. These lawsuits accused Fulbright’s DSML and DSMM series products of infringing three separate patents, initially demanding RMB 5 million in damages per case. By March 2024, the claimin one casewas increased to RMB 16.62 million, and further raised to RMB 53.9 million by June 2024, adding to Fulbright’s legal and financial burdens.Beyond China, Johnson & Johnson has also targeted Fulbright internationally. In 2018, Johnson & Johnson sued Fulbright in the Netherlands for copyright infringement and product imitation. The Rotterdam Court ruled against Fulbright, and this decision was upheld by the Hague Court of Appeal in 2022. Fulbright settled with Johnson & Johnson Netherlands by paying compensation in June 2023.Additionally, Johnson & Johnson has filed a lawsuit against Fulbright’s Brazilian client, Scitech, for patent infringement. Although Fulbright is not directly involved in this case, its manufacturing role continues to attract scrutiny.For more: https://lnkd.in/dBWaQpXmPhoto: Fulbright

China IP Weekly——the latest updates of global IP news#ChinaIPFocus1. #WIPO: China tops global GII top-100 S&T clusters for second year in a row世界知识产权组织：中国全球百强科技创新集群数量蝉联第一2. Japan to increase regulatory surveillance on major IT firms日本将加强对大型科技公司的监管3. #Acer and #Sisvel ink licensing deal, ending all litigation宏碁与Sisvel达成许可协议，结束所有诉讼IP Practice4. #Huami sues Shenzhen smartwatch maker in US for patent and trademark infringement华米科技在美诉深圳智能表厂商侵犯专利、商标5. #Maxell files 337 investigation against #TCL over smart TVsMaxell对TCL特定智能电视提起337调查申请6. #Cognizant sues software rival #Infosys over trade secretsCognizant起诉软件竞争对手Infosys窃取商业机密7. Worldbeauty hit with over $30 Million verdict for infringing US beauty start-up’s patents青岛睫立美侵犯美国初创美妆公司专利，被判赔偿超3000万美元8. Spribe and Adjarabet ordered to pay $330 million for infringing Aviator’s trademark and copyrightSpribe、Adjarabet 侵犯Aviator商标和版权，被判赔偿3.3亿美元Click to read the full article:https://lnkd.in/gguwJdx2

#Sekisui files 116 million yuan patent claims amid Zhejiang Decent's IPO reviewZhejiang Decent New Material Co., Ltd.is facing new patent infringement lawsuits filed by its Japanese rivalSekisui Chemical Co., Ltd,asrevealed in the Chinese functional membrane materials manufacturer's response to the listing committee last Friday.According to the disclosure, since June 30, 2023, Sekisui Chemical has lodged five separate patent infringement lawsuits against Zhejiang Decent New Material, seeking a total of over 116 million yuan in damages.The lawsuits pertain to five Chinese invention patents related to laminated glass, identified by the following patent numbers: ZL201580016679.6, ZL201680018425.2, ZL201480033768.7, ZL201680009112.0, and ZL201080059676.8.As of now, the China National Intellectual Property Administration (CNIPA) has declared patent ZL201580016679.6 invalid due to lack of novelty. Patent ZL201680018425.2 has been upheld as valid, while the validity of the remaining three patents is still under review.Established in 2006, Zhejiang Decent New Material positions itself as a high-tech enterprise specializing in the production of high-value interlayer materials. The company’s main productsare PVB resin powder and PVB interlayer films, which are widely used in automotive, architectural, photovoltaic, and other industries.In its prospectus, Zhejiang Decent New Material outlined the competitive landscape for PVB interlayer films. Sekisui Chemical and other international manufacturers lead the market, while domestic companies like Zhejiang Decent New Material occupy the second tier.As of 2021, Sekisui Chemical had a production capacity of 57,000 tons.By June 2023, Zhejiang Decent New Material had reached a production capacity of 55,000 tons, nearly matchingthat of Sekisui Chemical, with an additional 40,000 tons currently under construction.Zhejiang Decent New Material's production capacity as of June 2023 is 55,000 tons, nearly equal to that of Sekisui Chemical, with an additional 40,000 tons of capacity under construction.“This patent dispute highlights an ongoing struggle between an international PVB interlayer giant and a leading domestic competitor in the PVB market,”commented a Chinese intellectual property analyst.Notably, Sekisui Chemical launched its patent battle against Zhejiang Decent New Material almost simultaneously with the start of the company's IPO review.Photo：SekisuiChemicalFor more：https://lnkd.in/ds8FMQkX

Jiangsu court concludes largest “pirated links" #copyright case involving 392 million YuanIn a significant crackdown on digital piracy, a Jiangsu court has concluded China's largest criminal caseby financial scaleinvolving "pirated links" on online film and television platforms.The case resulted in prison sentences and heavy fines for the key figures behind the illegal distribution of over 83,000 audiovisual works, which generated nearly 400 million RMB in advertising revenue.Zhang Ping, the mastermind behind Beijing Qingmeng Network Technology Co., Ltd. and Beijing Shisutong Technology Co., Ltd., was sentenced to five years and six months in prison and fined 20 million RMB. His close associate, Sun Yan, who served as the CEO of Beijing Shisutong Technology, received a three-year prison sentence and a 4 million RMB fine. Investigations revealed that from late 2017 to January 2023, Zhang Ping, Sun Yan, and others organized teams to develop and operate multiple film and television apps, including “Pure Film & TV Hub” and “Today’s Film & TV”.These apps were affiliated with six shell companies under Zhang Ping’s control. During this period, Zhang Ping, Sun Yan, and their associates, in pursuit of illegal profits, distributed popular audiovisual works through their apps without the permission of copyright holders like iQIYI and Youku. They either downloaded and uploaded these works to rented cloud storage servers or purchased third-party technical services to intercept streaming links—a method known as“pirated links”. This techniqueinvolved deceiving platforms into providing playback addresses by simulating legitimate user requests, thus bypassing ads and copyright protections.The group then monetized these illegally obtained works by collecting advertising revenue through their apps.By the time the authorities intervened, Zhang Ping, Sun Yan, and their associates had distributed more than 83,000 audiovisual works, with over 72,000 accessedthrough “pirated links”, amassing billions of views. The operation earned them over 392 million RMB in advertising revenue.Following the public prosecution by the Wuxi Xinwu District Procuratorate, the court recently issued a first-instance judgment: Zhang Ping was sentenced to five years and six months in prison and fined 20 million RMB for copyright infringement. Sun Yan was sentenced to three years in prison and fined 4 million RMB for the same crime. The judgment is now final.For more:https://lnkd.in/gA5wtXBS

China IP Weekly——the latest updates of global IP news#ChinaIPFocus1. China holds 190,000 robot patents, two-thirds of global total我国机器人相关有效专利超 19 万项，占全球约三分之二2. #Xiaomi wins SEP dispute as German court invalidates #KPN patent小米胜诉! 德国法院裁定KPN专利无效3. Burger King loses 13-year trademark battle against Indian restaurant汉堡王在与印度餐馆的13年商标纠纷中败诉IP Practice4. #Nokia inks licensing deal with #Verifone诺基亚与Verifone达成专利许可协议5. #Albertsons sued for allegedly copying startup's software艾伯森因涉嫌抄袭初创公司软件而被起诉6. Norway's top three retailersfined $466 million in antitrust case挪威三大零售商被处以4.66亿美元反垄断罚款7. Altice settles $1billioncopyright infringement lawsuit with music companiesAltice与音乐公司达成和解，撤销10亿美元版权侵权诉讼8. Inolex files patent infringement lawsuit against Actera IngredientsInolex对Actera Ingredients提起专利侵权诉讼Click to read the full article:https://lnkd.in/g-GQxTH8

China holds 190,000 robot patents, two-thirds of global totalAt the opening of the 2024 World Robot Conference on August 21, Xin Guobin, Vice Minister of Industry and Information Technology, announced that China holds over 190,000 valid patents related to robotics, representing approximately two-thirds of the global total. Xin highlighted that China has been the world's largest industrial robot market for 11 consecutive years, with more than half of global new installations in the past three years. The robot density in manufacturing has reached 470 units per 10,000 workers, a nearly 19-fold increase over the past decade. Xin outlined that China will focus on advancing fundamental research in robotics, tackling core technologies, improving the "robot+" application system, and promoting high-quality development in the robotics industry.For more:https://lnkd.in/gXcgFg5Y

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China’s first #AI-generated voice infringement case upheldThe Beijing Internet Court ruled onChina’s first case concerning the infringement of personality rights through AI-generated voicesearlier this year. The court clearly established that the protection of a natural person’s voice rights extends to AI-generated voices if they are identifiable. Since neither party appealed the initial decision, the ruling has now become final.Case OverviewThe plaintiff YinXX, a voice actor, discovered that her voice had been synthesized using AI and was being sold on a platform operated by the defendant, an intelligent technology company. Yin sued this company along with four other defendants, claiming that their actions significantly infringed upon her voice rights. She demanded an immediate halt to the infringement, a formal apology, and compensation for economic damages.All five defendants denied any wrongdoing. The intelligent technology company argued that the voice products on its platform were legally obtained from a software company, which in turn claimed that the voices were sourced from a cultural media company. The media company stated that it had previously collaborated with Yin and ownedthe copyrights to the recordings. The other two defendants, the platform operators and product distributors,also denied any infringement.After trial, the court determined that a natural person’s voice, characterized by unique vocal patterns, timbre, and frequency, is distinctive and can evoke thoughts or emotions related to that person. If an AI-generated voice can lead the general public to associate the voice with a particular individual, it is considered identifiable. In this case, the software company had developed a text-to-speech product using Yin’s voice. The court’s examination revealed that the AI-generated voice closely matched Yin’s tone, pitch, and speaking style, making it easily identifiable as hers. As a result, the court concluded that Yin’s voice rights extended to the AI-generated voice.Although the media company held copyrights to the recordings, it did not have the right to authorize AI synthesis of Yin’s voice without her knowledge and consent. Consequently, the unauthorized use of Yin’s voice by the media and software companies constituted an infringement of her voice rights, causing her harm for which they were held legally responsible. The court ordered the intelligent technology company and the software company to issue an apology to Yin, and mandated that the media and software companies collectively pay RMB 250,000 in damages. Neither party appealed the verdictafter the initial ruling.For more:https://lnkd.in/gjs8UHrD

China IP Weekly——the latest updates of global IP news#ChinaIPFocus1. China handles IP Infringement cases involving 16,000 individuals in first half of 2024最高检：2024年上半年受理侵犯知识产权犯罪案件1.6万人2. US judge overturns $72 million trade-secrets verdict against #Boeing美国法官推翻波音公司赔偿7200万美元的商业秘密裁决3. #AstraZeneca gets $107 million #Pfizer verdict overturned阿斯利康推翻需赔偿辉瑞1.075亿美元的裁决IP Practice4. Ferring hit with $25 millionverdict for infringing Finch’s patents辉凌制药侵犯Finch专利，被判赔2500万美元5. #Intel sued for infringing AI software copyright infringement英特尔被诉侵权AI软件的版权6. #Amgen sues #Samsung biotech unit over bone drug copies安进起诉三星生物制药子公司侵犯骨骼药物仿制药专利7. #Prysmian awarded $96 million in trade secrets case against Sterlite普睿司曼赢得对Sterlite的商业秘密案，获赔9600万美元8. #Hyundai Motor Company and #Kia join the VVC Advance Patent Pool现代汽车公司和起亚加入VVC Advance专利池Click to read the full article:https://lnkd.in/g2RUjyp4

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China handles IP Infringement cases involving 16,000 individuals in first half of 2024The Supreme People's Procuratorate (SPP) released last week data on the handling of cases by procuratorial agencies nationwide for the first half of 2024. The SPP highlighted that advances in technology, the digital economy, and the cultural and creative industries have led to a rise in complex and varied IP infringement cases. According to the SPP's case management office, approximately 16,000 individuals were involved in IP infringement cases during this period, marking a 21.5% increase from the previous year. This includes over 1,800 individuals implicated in complex cases such as trade secret theft and patent counterfeiting. Legal measures have been taken against crimes involving core technologies. Photo: SPPFor more： https://lnkd.in/gBM-_nRd

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