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China Court Swiftly Enforces U.S. Company's IP Rights Against Chinese Company in Motorola v. Guangzhou Weierwei by Esther H. Lim
Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. - Washington Office
C. Brandon Rash
Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. - Washington Office
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August 19, 2009
Previously published by Lexis Nexis China Legal Review on March 2008
In one of the most publicized wins in China by a non-Chinese company in 2008 in intellectual property ("IP") cases, Motorola, Inc. ("Motorola") recently won a patent infringement lawsuit against China-based Guangzhou Weierwei Electronics Science and Technology Co. ("Weierwei"). Notably, the First Intermediate People's Court of Beijing ruled that Weierwei infringed Motorola's Chinese design patent, awarding damages to Motorola and enjoining Weierwei from making and selling the infringing two-way radios. The Motorola case is the latest example in a series of cases in which Chinese courts have showed a willingness to rule in favor of non-Chinese IP holders and also assess a significant amount of damages in IP cases. With such judicial decisions, as well as its strengthened regulations and increased patent filings, China is clearly demonstrating its commitment to improve enforcement of IP rights in a country that is the world's third-largest trading nation.
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