China

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,
13 Nov

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 [...]

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

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 [...]

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

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 [...]

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

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 [...]

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French and Chinese patent offices sign a PPH agreement
24 May

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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Two Different Types of Patent Applications in China
23 May

Two Different Types of Patent Applications in China

In the Chinese patent system, an approach known as “both-filing,” or “dual filing,” enables an applicant to seek patent protection for their technical product-related systems through two different forms of applications, namely invention and utility model patent applications. When you have a valuable product and want to secure immediate and long-term protection, this filing method, which differs significantly from standard filing practice, may benefit you. If an applicant files only one type of application at the new filing—an invention or [...]

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CNIPA issues report indicating high prospect from Intellectual Property sector to 2023, high prospect from Intellectual Property sector to 2023, CNIPA issues report of Intellectual Property indications,
07 May

CNIPA issues report indicating high prospect from Intellectual Property sector to 2023

In collaboration with 17 other agencies, the China National Intellectual Property Administration (CNIPA) published the Opinions on Accelerating the High-Quality Development of IP Services in December 2022. By 2030, China should have more than RMB 500 billion (US$ 73 billion) in revenue, 2,000 or more service agencies, and 1.5 million or more practitioners, according to the development goals for IP services put forth by CNIPA. The Guidelines for Building a Powerful Intellectual Property Nation (2021–2035) and the National Intellectual Property Protection [...]

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The Advantages of Intellectual Property Rights Customs Recordation in China
26 Jan

The Advantages of Intellectual Property Rights Customs Recordation in China

China Customs presented information about the advantages of customs recording of intellectual property rights in China. Include the following specifications. Customs recordation to take proactive actions According to the “Regulations of Customs Protection of Intellectual Property Rights,” if an intellectual property right holder has filed an application with the customs to record his intellectual property rights in advance, the customs has the authority to cease the importation/exportation of suspected infringing goods and conduct an investigation of the infringing goods when the [...]

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China and WIPO collaborate on IP promotion
15 Jan

China and WIPO collaborate on IP promotion

The establishment of the intellectual property (IP) system and global IP governance faces new problems and possibilities as a result of current trends in international growth. The worldwide pandemic outbreak and developments not seen in a century have left the globe in a state of uncertainty, but one thing is certain: IP will play an increasingly important role in reviving the economy and sustainable development. The World Intellectual Property Organization (WIPO), the specialized organization of the United Nations in the [...]

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The Chinese Patent Office plans to take action against fraudulent patent applications
09 Nov

The Chinese Patent Office plans to take action against fraudulent patent applications

A draft of new regulations was published by the China National Intellectual Property Administration (CNIPA), which will decrease the ratings of Chinese patent offices that grant fraudulent patents. The draft, which builds on a trial that began in January 2022 in four provinces, was provided by CNIPA on October 8. The Chinese Patent Office plans to combat fraudulent patent applications The purpose of the proposal is to “crackdown on illegal and untrustworthy acts” committed by Chinese patent offices and to advance [...]

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