Intellectual Property Newsletter by MeritsIP, September 16, 2025

Intellectual Property Newsletter by MeritsIP, September 16, 2025

September 16, 2025 global, meritsip 0 Comments

Editor’s Note: Intellectual Property Highlights and Strategies for Innovation

Welcome to the MeritsIP Newsletter. We delve into critical updates in the intellectual property landscape, providing insights and strategies to help you navigate the ever-evolving world of patents, trademarks, and copyrights. Read on to stay informed and ahead in the game of innovation.

Shanghai and Chongqing Sign Agreement to Promote Regional Cooperation in Intellectual Property Services

On September 10, following the CNIPA’s unified deployment, the Chongqing Intellectual Property Office and the Shanghai Intellectual Property Administration signed an agreement on regional cooperation in the intellectual property service industry, initiating in – depth cooperation between the two cities. The agreement covers areas like talent cultivation, service format development, etc. Shanghai will assist Chongqing in training a large number of professionals to enhance the efficiency of Chongqing’s intellectual property service industry. At the signing symposium, officials from both sides shared their work situations and experiences. After the signing, a regular communication mechanism will be established. In the future, they will improve the cooperation mechanism and strengthen resource support for effective implementation of cooperation tasks.

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A Subtle “Litigation Geography”: Analysis of the Dreame vs. Ecovacs Case

In August 2025, Dreame won the first – instance judgment in a patent infringement lawsuit against Ecovacs’ cleaning robots, with Ecovacs ordered to pay over 8.86 million yuan in compensation. The case has several controversial points. Dreame, a Suzhou – based company, filed the lawsuit in the Shenyang Intermediate People’s Court, showing strategic jurisdiction consideration. The core dispute is about the legal interpretation of a patent’s technical feature. The CNIPA adopted Dreame’s restrictive interpretation, while the court gave an expanded one, raising concerns about legal application consistency. The court didn’t introduce a technical investigator in this complex mechanical design case. The compensation calculation is also controversial, with the court using a third – party’s profit margin data and setting the technical contribution rate at 5%, considered too high by some. The necessity of evidence preservation is questioned as product information was public. The court’s decision to issue the first – instance judgment without suspending the lawsuit during the second invalidation request has sparked discussions on the balance between judicial efficiency and prudence. This case emphasizes the need for enterprises to focus on patent quality and for the judicial system to improve relevant mechanisms.

Evolution Trends of the Intellectual Property Legal Environment in Hong Kong

This article analyzes the evolution trends of Hong Kong’s intellectual property legal environment. Technological innovation, such as AI and blockchain, is driving legal changes. AI has increased the demand for IP protection, sparking discussions on copyright for AI – generated content. The Hong Kong SAR government plans to improve the Copyright Ordinance and assess AI’s long – term impact on the IP protection framework. The Hong Kong Intellectual Property Department is exploring blockchain in patent and trademark management due to its decentralized and tamper – proof features. Legal evolution examples include the 2023 Copyright Ordinance revision and the “Patent Box” tax incentive.

Regarding legal reform, Hong Kong may revise the Copyright Ordinance to tackle digital piracy and AI – generated content issues, and amend the Personal Data (Privacy) Ordinance to regulate data use. Rules for blockchain in IP management and generative AI may be established. Internationally, Hong Kong may promote the Madrid Protocol and seek deeper cross – border cooperation. These reforms will strengthen IP protection, enhance Hong Kong’s global standing, and boost economic development.

Patent Pre – examination Cases with AI – Generated Technical Content: Two Agencies Suspended for One Year

Recently, the Ningbo Intellectual Property Protection Center issued a notice on some registered entities and service agencies violating patent pre – examination application service management measures. Two agencies, Ningbo He×Junheng and Ningbo Xie××Ku, had cases of AI – generated technical content in patent pre – examination materials.

In the case of Ningbo ×Wei and Ningbo He×Junheng, the latter didn’t verify content authenticity and the former submitted false materials. Ningbo ×Wei’s registration was cancelled and it can’t register for three years, while Ningbo He×Junheng’s pre – examination service was suspended for one year.

For Ningbo ×Hai and Ningbo Xie××Ku, the agency provided the content, causing pre – examination disorder, and Ningbo ×Hai didn’t review well. It was warned and urged to strengthen review, and Ningbo Xie××Ku’s pre – examination service was also suspended for one year. The center will strengthen case verification for pre – examination quality and efficiency.

Typical Case | The IP Tribunal of the Supreme People’s Court: Presumption and Calculation of Victims’ Losses in Horizontal Monopoly Agreements

This case involves a horizontal monopoly agreement dispute between Chongqing Jianmou Concrete Co., Ltd. (Appellant) and Guangxi Construction Engineering Group Co., Ltd. (Appellee). From 2014 – 2019, Jianmou Company reached and implemented a horizontal monopoly agreement on fixing prices and dividing markets with another firm. In 2023, the Group Company sued for losses. The first – instance court ordered Jianmou to compensate 467,325 yuan, and Jianmou appealed.

The Supreme People’s Court’s second – instance judgment presumed the Group Company suffered losses due to the monopoly. Due to the difficulty in getting the competitive market price of commercial concrete, the first – instance court’s loss calculation based on price differences was reasonable. Jianmou couldn’t prove non – monopoly factors for the price increase and should bear the burden of proof. The appeal was dismissed, and the original judgment was upheld. This typical case clarifies loss presumption and the burden of proof, protecting the rights of monopoly victims.

Overseas News | Bombay High Court Rules that Gender Disguise Plot in Movie Does Not Constitute Copyright Infringement

Recently, the Bombay High Court ruled in a copyright infringement case filed by screenwriter and director Ashim Kumar Bagchi, favoring Indian production company Balaji Telefilms. Bagchi claimed that the 2023 comedy film Dream Girl 2 resembled his 2007 registered script Kal Kisne Dekha due to similar gender disguise plots.

The court determined that the two works were different. It re – affirmed that copyright protection applies to the original expression of ideas, not isolated concepts. Gender disguise was seen as a common trope not eligible for copyright.

The court emphasized an overall review. Judge Riyaz Iqbal Chagla highlighted differences in settings, storylines, supporting plots and endings.

Bagchi’s claim of the screenwriter of Dream Girl 2 breaching confidentiality was also dismissed. Lawyers said plaintiffs need to precisely define “confidential information” and prove its misuse. This judgment balances originality protection and the free use of public ideas and cultural themes.

Overseas News | Nepal’s Supreme Court Rules in Favor of Scotch Whisky Association in Geographical Indication Dispute

Nepal’s Supreme Court has made a final judgment in a lawsuit by the Scotch Whisky Association against Mohini Hygiene Products. The court supported the association, upholding previous decisions by Nepal’s Ministry of Industry and the High Court in an eight – year – long dispute. In 2017, the association objected to Mohini’s “Vision” trademark application which included “Finest Rare Scotch Whisky”. The Ministry of Industry ruled in favor of the association, ordering Mohini to stop using “Scotch”. Mohini’s appeals to the High Court and Supreme Court were unsuccessful. Ram Chandra Subedi said the judgment protected the geographical indication rights of “Scotch Whisky” and set an important precedent. The Supreme Court’s ruling is a milestone in Nepal’s geographical indication rights enforcement, adhering to international agreements and clarifying the legal boundary between geographical indication and ordinary trademark rights.

[Your Questions, Our Answers] Common Questions and Answers about U.S. Micro-entity Certification (III)

This article, a continuation of the previous one, addresses common queries regarding U.S. micro-entity certification. Newly established domestic companies less than a year old that cannot provide corporate tax returns can print the establishment date from Qichacha. Non-tax-paying industrial and commercial enterprises lacking fee-reduction records must provide tax returns (with first-line operating income below $223,740) for micro-entity certification. Applicants who have not applied for domestic or U.S. patents and have no China fee-reduction records only need tax returns and individual tax filing records. College students in school should provide student IDs and make special notes when applying. Applications for those under 18 should be handled by guardians. Small entities need to submit a signed and sealed small-entity statement. Whether previously submitted cases need to supplement materials depends on official notices. If an individual micro-entity applicant or inventor passes away before authorization, the case should be transferred to a designated heir with heir certification. Readers are welcome to ask questions about intellectual property, and the author will continue to answer them.

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