On 22 April 2024, the Supreme People's Court (SPC) unveiled the “Top 10 IP Cases in Chinese Courts of 2023” and the “50 Typical IP Cases in Chinese Courts of 2023”. Three cases represented by King & Wood Mallesons (KWM) successfully made the lists: the "Philips Medical Device Software Copyright Criminal Case", "Baloxavir Marboxil Tablets (Xofluza®) Pharmaceutical Patent Linkage Case" and "Sennics Trade Secrets Case".
The case selected as one of the “Top 10 IP Cases in Chinese Courts of 2023”:
Philips Medical Device Software Copyright Criminal Case – the nation’s first criminal case of infringing upon the medical device software copyright by intentionally circumventing technological protection measures
[Typical significance]
This criminal case is a typical example of a legal crackdown on infringing upon copyright through intentional circumvention of technological measures after the implementation of the Amendment (XI) to the Criminal Law. The judgement in this case clarified relevant standards for criminal liability for circumvention or destruction of technological measures, fully safeguarding the legitimate rights and interests of medical device software copyright holders. It also demonstrated the commitment to strengthening judicial protection of IP rights and supporting the innovative development of the digital economy.
Representing Philips in this case, the KWM team was led by partners Xu Jing, Wu Jia, and Zhu Xuefeng, with support from Kang Le.
Cases selected as one of the “50 Typical IP Cases in Chinese Courts of 2023”:
Pharmaceutical Patent Linkage Case involving Baloxavir Marboxil Tablets (Xofluza®) co-developed by Shionogi & Co., Ltd. and Roche - the first of its kind where the SPC definitively confirmed the inclusion of a generic drug within the scope of patent rights protection
[Typical significance]
This case represented the first victory for a patentee since the formal implementation of the patent linkage system. It encouraged innovation in drug research and development, reducing the risk of patent infringement involving generic drugs. It also reflected the Chinese government's determination to strengthen the protection of patentees’ legitimate rights and interests as well as brand name drugs. In particular, this case clarified the acceptance criteria for patent linkage cases at the early stage of the patent linkage system and the relationship between the application of laws and judicial interpretations. Consequently, in February 2024, this case was selected as one of the “100 Typical Cases on the Fifth Anniversary of the Intellectual Property Court of the Supreme People's Court”. Furthermore, it was again selected as one of the “50 Typical IP Cases in Chinese Courts of 2023” in April 2024. It was the only patent linkage case in the above lists.
Representing Shionogi & Co., Ltd. and Roche in this case, the KWM team was led by partner Tina Tai and senior counsel Guo Yu, with support from Zhu Shudan and Wei Jie.
Sennics Trade Secrets Case – setting a historic precedent as the highest compensation awarded for trade secret infringement in China
[Typical significance]
This landmark case not only established a new pinnacle in compensation amounts but also provided invaluable guidance and exemplary significance. The record-breaking compensation showcased Chinese court’s firm stance on strengthening IP rights protection and cracking down on malicious infringement. Meanwhile, the case meticulously adjudicated such focus issues as "considerations for determining damages", "recognition standards for non-public nature" and "applicable prerequisites for destroying infringing devices". These detailed deliberations held significant reference value for refining the adjudication rules on trade secret infringement cases. The case was also listed as one of the “Top 10 Influential Cases on the Fifth Anniversary of the Intellectual Property Court of the Supreme People's Court”.
Representing Sennics in this case, the KWM team was led by partners Mao Jin, Yang Ting, Huang Tao, Xia Dongxia and senior counsel William Ding, with support from Wang Qi, Luo Haowen, Liu Ning, Deng Xuemeng and Liu Ying.
