THE CHINA INTELLECTUAL PROPERTY RESEARCH ASSOCIATION RELEASED THE "2024 SURVEY ON OVERSEAS INTELLECTUAL PROPERTY DISPUTES OF CHINESE ENTERPRISES"



Recently, the China Intellectual Property Research Association released the "2024 Survey on Overseas Intellectual Property Disputes of Chinese Enterprises". The report investigates the patent, trademark, trade secret litigation and "Section 337 investigation" cases of Chinese enterprises overseas in 2024, and the overall situation is as follows:

In 2024, a total of 1,227 new IP lawsuits were filed by Chinese companies in the United States. Among them, 587 new patent lawsuits, 668 new trademark lawsuits, and 16 new trade secret lawsuits were filed. 1,707 new patent lawsuits involving Chinese companies, 10,865 new trademark lawsuits involving Chinese companies, and 19 new trade secret lawsuits involving Chinese companies. Patent litigation by Chinese companies in the U.S. mainly involves the manufacturing industry and wholesale and retail trade, and trademark litigation mainly involves the wholesale and retail industries. The enterprises involved in the litigation are mainly distributed in Guangdong, Zhejiang, Fujian and other provinces and cities, of which Guangdong enterprises account for nearly one-third of the total. Judging from the litigation results, 66.60% of the patent lawsuits were closed with settlement and revocation; 64.12% of the defendants in trademark litigation were ruled unsuccessful due to their default responses. The average award for patent litigation is $2,803,000 and for trademark litigation is $251,000.

In 2024, there will be 24 "Section 337 investigation" cases involving Chinese mainland enterprises in the United States, involving 94 Chinese mainland enterprises. 95.83% of the "Section 337 investigations" were caused by patent infringement. The enterprises involved in the case are mainly concentrated in the electronics industry, electrical machinery and equipment manufacturing and other industries. Most of the respondents are enterprises in Guangdong, Jiangsu and other places. Among the cases in which investigations have been concluded, there has been an increase in the number of cases in which Chinese companies have obtained positive final adjudication results compared to the previous year.

In 2024, there will be 1,302 cross-border e-commerce cases involving Chinese companies in the United States. There were 1,165 cases in which Chinese enterprises were defendants, accounting for 89.48%. The number of cross-border e-commerce patent litigation cases was 410, with 322 newly filed cases and 226 closed cases. The number of trademark litigation cases was 938, with 643 newly filed cases and 725 closed. A total of 12,382 new cross-border e-commerce cases were filed involving Chinese enterprises, of which 12,000 were defendants, accounting for 96.91%.

In 2024, a total of 92 new patent and trademark litigation cases were filed by Chinese enterprises in other major countries and regions, and 135 cases were closed. Among them, 79 new patent litigation cases and 13 new trademark litigation cases were filed. A total of 186 new patent and trademark litigation cases involved Chinese enterprises, of which 82.67% were Chinese enterprises. In cases with a judgment of damages, the average award in patent litigation is around 3,631,000 euros.

In addition, the report also investigates and studies the overseas intellectual property litigation of Chinese enterprises in key industries such as biomedicine, information and communication, and new energy vehicles.

Source:
China Intellectual Property Research Association China Intellectual Property Research Association Releases the Report on "2024 Survey on Overseas Intellectual Property Disputes of Chinese Enterprises" - China Intellectual Property Research Association (Chinese)