Coping With And Countering Against IP-Related Malicious Proceedings

With the increasing protection effort on intellectual property and the increasing amount of compensation for infringement in China, malicious proceedings filed with respect to intellectual property gradually emerge in the IP field. Recently, the Supreme People's Court issued the "Official Reply on Issues concerning the Claim of the Defendant for Compensation for Reasonable Expenses on the Ground that the Plaintiff Abuses Rights in the Action of Intellectual Property Infringement" (hereinafter referred to as the "Official Reply on the Claim for Compensation for Reasonable Expenses on the Ground of Rights Abuses" or the "Official Reply"). The Third Civil Tribunal of the Supreme People's Court has also issued an understanding and application of the Official Reply recently. In combination with the Official Reply of the Supreme People's Court and its understanding and application, as well as the "一品石" (Yipinshi)" case represented by Unitalen, coping with and countering