China

CNIPA released guidelines concerning the classification of trademarks

CNIPA released guidelines concerning the classification of trademarks

Issued on December 29, 2023, the “Guidance on the Correct Understanding of Classification of Goods and Services for Trademark Registration” aims to enhance comprehension of the official classification system in China. According to the guidance, the Chinese version of the Classification of Goods and Services is built upon the Nice Classification, with the additional inclusion of names commonly used in China. This compilation, referred to as the classification book, serves as a crucial reference for administrative and judicial authorities [...]

China Witnessed a 29% Decline in Trademark Registrations in 2023

China Witnessed a 29% Decline in Trademark Registrations in 2023

Recent data from the China National Intellectual Property Administration (CNIPA) reveals a significant 29% decrease in Chinese trademark registrations for the year 2023 compared to the previous year. This notable drop amounts to a staggering 1.7945 million fewer trademark registrations year-on-year. While the CNIPA did not explicitly specify the reasons behind this decline, several factors might have contributed to this notable decrease in trademark grants. One potential contributor to this decline is the intensified crackdown on malicious trademark applications. Hu Wenhui, [...]

China's Commitment to Global Intellectual Property Cooperation: A 2024 Outlook

China’s Commitment to Global Intellectual Property Cooperation: A 2024 Outlook

China remains dedicated to strengthening its involvement in global intellectual property (IP) governance and fostering robust IP collaborations with the international community, as highlighted by Shen Changyu, the head of the National Intellectual Property Administration. In a recent conference, Shen delivered a comprehensive work report outlining key objectives for 2024, with a focus on expanding collaborative efforts with Belt and Road partners, BRICS members, and ASEAN countries. China’s proactive role in international IP cooperation during the previous year garnered recognition from [...]

Exploring IP Trends at the 20th Shanghai International Intellectual Property Forum

Exploring IP Trends at the 20th Shanghai International Intellectual Property Forum

The 20th Shanghai International Intellectual Property Forum was held on December 10 in Shanghai, focusing on the theme “Strengthening Legal Protection for Intellectual Property, Fueling Innovation-Driven Development of Digital Economy.” Chen Jining, the Party Secretary of Shanghai, was present at the forum and delivered a speech. The opening ceremony saw the attendance and speeches of Shen Changyu, Commissioner of the China National Intellectual Property Administration (CNIPA), and Daren Tang, Director General of the World Intellectual Property Organization (WIPO). Chen expressed [...]

China Leads in Patent Registration for Next-Gen Perovskite Solar Cells, Next-Gen Perovskite Solar Cells, China Leads in Patent Registration,

China Leads in Patent Registration for Next-Gen Perovskite Solar Cells

China is taking the lead in patent registrations for the next generation of perovskite solar cells. According to Nikkei, annual statistics since 2020 consistently show that China is at the forefront globally in the number of patents for high-efficiency, flexible perovskite solar cells. In 2021, China registered 70 patents, an impressive figure when compared to other countries. For instance, South Korea had only 39 granted patents, and Japan, traditionally a leader in total patents in this field for the past [...]

China’s State Administration for Market Regulation (SAMR), amended Provisions on Prohibiting the Abuse of Intellectual Property Rights to Exclude or Restrict Competition, Prohibiting the Abuse of Intellectual Property Rights to Exclude or Restrict Competition,

China’s State Administration for Market Regulation (SAMR) released the amended Provisions on Prohibiting the Abuse of Intellectual Property Rights to Exclude or Restrict Competition

China’s State Administration for Market Regulation (SAMR) unveiled the revised Provisions on Prohibiting the Abuse of Intellectual Property Rights to Exclude or Restrict Competition. These amendments, aligned with the Anti-Monopoly Law, became effective on August 1, 2023. SAMR emphasized that anti-monopoly measures and intellectual property (IP) protection serve the common goal of promoting competition, innovation, economic growth, and safeguarding consumer and public interests. In today’s legal market, IP rights could be misused to curb competition. Competitors might use IP rights to [...]

China Issues a Report on the Status of National Intellectual Property Agency Industry Development

China Issues a Report on the Status of National Intellectual Property Agency Industry Development

China’s National Intellectual Property Administration published the Report on National Intellectual Property Agency Industry Development Status (2022) on May 11, 2023. In 2022, 645 new patent agencies were established in China, with 5 international patent agencies allowed to open resident representative offices. There were 4,520 patent agencies (excluding Hong Kong, Macao, and Taiwan) by the end of 2022, 63,311 patent attorneys, 31,347 practicing patent attorneys, and 4,405 litigation representatives. The number of applicants for the 2022 patent attorney qualification examination was [...]

Eliminating trademark squatting with recent amendments to China's trademark law

CNIPA proposes guidance on trademarks that incorporate geographic names

Guidelines on the Registration and Use of Trademarks Containing Geographical Names were released by the China National Intellectual Property Administration (CNIPA) on January 19, 2023. The Guidance aims to increase entities’ awareness of the laws governing trademarks that contain geographical names, the risks associated with the stability of those rights, and the limits of those rights. As they violate Articles 10.1.2 (contain names of foreign countries), 10.1.7 (deceptive description of the place of origin of goods or services), 10.1.8 (harmful to [...]

Eliminating trademark squatting with recent amendments to China's trademark law

Eliminating trademark squatting with recent amendments to China’s trademark law

The Chinese Trademark Law has recently been the subject of a draft change released by the Chinese Intellectual Property Office. The draft aims to deal with the problems of fraudulent trademark applications and trademark squatting. This amendment would have a significant impact on a number of areas of Chinese trademark law and practice if it were to be implemented in its current form without any additional changes. The People’s Republic of China’s National Intellectual Property Administration (CNIPA) published the draft [...]

French and Chinese patent offices sign a PPH agreement

French and Chinese patent offices sign a PPH agreement

A Patent Prosecution Highway (PPH) agreement was signed by the Chinese (CNIPA) and French (INPI) Intellectual Property Offices on April 6, 2023. Following a recent amendment to French patent law, an inventive step is now considered when evaluating French patent applications. As a result, in order to speed up search and examination, both the Chinese and French patent offices now perform an examination with comparable patentability specifications and such work product may be shared across the patent offices. This agreement represents a significant shift [...]

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