The Report selects 37 intellectual property cases on which the Supreme People's Court has rendered final conclusive opinions addressing issues such as the application of the doctrine of estoppel, retroactive effect of a decision declaring a patent invalid and determination of the legitimate use of a descriptive trademark.
China's highest court has published two new sets of guidelines which affect the jurisdiction of lower courts in relation to IP cases. For foreign companies, this means more litigation and a need for increased vigilance
The Interpretation gives further insight on the scope of protection of invention and utility model patents and the determination of infringement thereof, determination on an infringement of a design patent, defence on the ground of prior art or prior use, and confirmation of non-infringement.