China Intellectual Property Society released the 2021 Investigation Report on Intellectual Property Disputes of Chinese Enterprises in the US, which investigated litigations relating to the patent, trademark, trade secret and "337 Investigation" cases involving Chinese companies in the United States in 2021. The overall condition is as follows.

For IP litigation, the number of cases involving Chinese enterprises has increased significantly compared with the previous year, with newly filed patent and trademark litigation cases increasing by 37.02% and 112.45%. Non-Practicing Entities (NPE) is the main plaintiff in the United States filing patent lawsuits against Chinese companies, with 36.05% of the patent lawsuits. The fields involved in the litigation were relatively concentrated, and the patent litigation mainly involved the mobile communication equipment industry, trademark litigation mainly involves the consumer/consumables industry, and for trade secret litigation, the information technology industry and equipment manufacturing industry were mainly involved. In terms of the results of the lawsuits, most of the patent lawsuits ended in withdrawal (74.40%), with few Chinese companies wining; for 71.57% of the trademark lawsuits, the defendant lost the case due to absence, 18.95% of the cases reached a settlement and the plaintiff withdrew the case, only 2 Chinese companies won. Patent litigation cases averaged 11,021,700 dollars in damages, trademark litigation cases were 652,000, and trade secret cases were 10,247,500.

For "337 Investigation", the number of cases for Chinese companies involved in the investigation and the number of companies have increased; patent infringement is the main reason for filing cases with frequent occurrence for cases in the electronic equipment industry; the number of Chinese companies receiving positive final results has increased compared with the previous year. However, there were still many Chinese companies received unfavorable results because of absent from responding to the lawsuit.

From China Intellectual Property Society

July 11th, 2022