China

Patent litigation in China during the last five years in details
14 Nov

Patent litigation in China during the last five years in details

According to the Report on Litigation in China in the Last 5 Years, 45,561 intellectual property disputes were settled between October 2016 and October 2021. Civil cases accounted for 36,883 of the total, or 80.95 percent of the total. In 2018, the number of patent lawsuits hit an all-time high. Every year, December is the busiest month for patent lawsuits. The proportions of cases that involve inventions, utility models, and appearances were 20.81 percent, 31.15 percent, and 48.05 percent, respectively, among [...]

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Invalidations Against Five-Year-Old Trademark Registrations, Five-Year-Old Trademark Registrations, Invalidations of Trademark Registrations, Invalidations of Trademark Registrations older than five years
11 Nov

China Trademark Law: Invalidations Against Five-Year-Old Trademark Registrations

The China Trademark Law sets severe standards to raise the threshold for commencing an invalidation against a registered trademark in order to balance the legal rights and interests of rights owners with the protection of Chinese consumers (given through administrative authorities’ acts). In order to bolster China’s intellectual property (IP) rights protection procedures, administrative and judicial authorities have granted stronger protection to certain forms of IP rights in specific instances. In terms of trademark protection, both the China National Intellectual [...]

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Advantages and considerations for patent prosecution in the US, EU, China, and Singapore under the Patent Prosecution Highway
19 Oct

Advantages and considerations for patent prosecution in the US, EU, China, and Singapore under the Patent Prosecution Highway

The Patent Prosecution Highway, or PPH, is a set of initiatives implemented by cooperating patent offices throughout the world to speed up patent prosecution in the countries where the cooperating patent offices are located. PPH enables cooperating patent offices to share information and profit from the efforts of other collaborating patent offices, minimizing examination workload and increasing patent quality. If a patent application previously submitted with a participating patent office satisfies specific standards, it can be fast-tracked in another collaborating [...]

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Geographical indication protection in China is not exclusively belonged to successful registration, Geographical indication protection in China , Geographical indication protection in China conflict with trademark registration,
05 Oct

Geographical indication protection in China is not exclusively belonged to successful registration

After a ruling cancelling the trademark “罗曼尼·康帝” (the Chinese phonetic translation of Romanée-Conti) in China, we could see that geographical indication protection in China is not exclusively belonged to successful registration. This lawsuit also highlights the division in legal application between the judicial system (Chinese courts) and the administrative system (CNIPA) regarding whether foreign GIs not registered in China are protected. This opens opportunities for the expansion of international businesses to China as they can have assurance on the protection of [...]

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CNIPA and DPMA Extend Patent Prosecution Highway Pilot Program
05 Sep

CNIPA and DPMA Extend Patent Prosecution Highway Pilot Program

In a significant move aimed at fostering collaboration in intellectual property (IP) matters, the China National Intellectual Property Administration (CNIPA) and the German Patent and Trade Mark Office (DPMA) have jointly announced the extension of their Patent Prosecution Highway (PPH) pilot program. The extension, spanning another three years from January 23, 2024, to January 22, 2027, signifies a continued commitment to facilitating streamlined patent examination processes between the two nations. The established Procedures to file a request to the DPMA [...]

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China: 2023 Outline for Strengthening Intellectual Property Rights & Implementation Plan
20 Aug

China: 2023 Outline for Strengthening Intellectual Property Rights & Implementation Plan

The 2023 Outline of Building Strong Intellectual Property Rights System and the Implementation and Promotion Plan of the 14th Five-Year Plan have been released to advance the strategy of bolstering the IPR system and delineate the pivotal tasks and strategies for the year ahead. Issued by CNIPA, the outline outlines 139 key tasks across seven major areas. Regarding the enhancement of the intellectual property system, the plan emphasizes the improvement of IP laws and regulations, the overhaul of major IP policies, [...]

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Interpretation of Administrative Adjudication of Patent Linkage Measures in China
19 Aug

China’s National Intellectual Property Administration Issues Interpretation of Administrative Adjudication of Patent Linkage Measures

On September 18, 2021, the China National Intellectual Property Agency released the Interpretation of “Administrative Adjudication Measures for Early Resolution Mechanisms for Drug Patent Disputes”. The Interpretation clarifies some issues in the Measures, including deadlines. Requester The requester can be the patentee, applicant for drug marketing license or interested person. Interested person includes the licensee or the registered drug marketing license holder. Time Limit The time limit for filing a lawsuit or requesting administrative adjudication is 45 days after the Center for Medication [...]

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Driving Economic Growth: China's Patent Intensive Industries Show Resilience in 2022
18 Aug

Driving Economic Growth: China’s Patent Intensive Industries Show Resilience in 2022

The China National Intellectual Property Administration (CNIPA) recently unveiled its highly anticipated announcement, No. 562, presenting the Data of Added Value for National Patent Intensive Industries in 2022. This comprehensive report sheds light on the pivotal role of patent-intensive sectors in China’s economic landscape and their contribution to national development. According to the announcement, the added value of patent-intensive industries in China surged to an impressive 15317.6 billion RMB in 2022, marking a notable 7.1% increase compared to the previous [...]

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The problem of different compensation of inventors in multi-jurisdictional inventorship, compensation of inventors in multi-jurisdictional inventorship, The problem of different compensation of inventors, multi-jurisdictional inventorship
11 Aug

The problem of different compensation of inventors in multi-jurisdictional inventorship

When an invention is invented, it’s highly unusual for just one inventor to do all the work. Instead, the main inventor often requires a lot of assistants to help him/her with all the minor stuff. In addition, for some cases, when the invention is on the world level, the assistants might be from multi-jurisdictional but normally, the employees from those multi-jurisdictional companies will get a different compensation or reward for their efforts and create a problem of unfair compensation. As [...]

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Securing substantial damages in intellectual property infringement lawsuits in china
31 Jul

China: Securing substantial damages in intellectual property infringement lawsuits

Cases in which significant damages have been awarded in intellectual property infringement lawsuits have grown very common in recent years, as China’s efforts to protect intellectual property have intensified. According to statistics, the measure of damages awarded by courts in incidents involving at least one foreign business grew by over 300 percent between 2016 and 2019. Many instances in the fields of intellectual property, such as patents, trade secrets, trademarks, and so on, have been awarded damages in excess [...]

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