China

the 4th amendment of China’s Patent Law on PTA, 4th amendment of China’s Patent Law on PTA, amendment of China’s Patent Law on PTA, China’s Patent Law on PTA, PTA,
17 Jun

The 4th amendment of China’s Patent Law on PTA

The patent term adjustment (PTA) system was implemented by the 4th revised Patent Law, which permits an innovation patent in China to have a patent protection period that is longer than the statutory protection length of 20 years under specific situations. More specifically, for an invention patent granted after four years from the date of application and three years from the date of requesting substantive examination, the CNIPA shall compensate the patentee for any unreasonable delay during the granting process [...]

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the 4th amendment of China’s Patent Law on partial design and patent infringement lawsuits, the 4th amendment of China’s Patent Law, 4th amendment of China’s Patent Law, partial design and patent infringement lawsuits,
10 Jun

The 4th amendment of China’s Patent Law on partial design and patent infringement lawsuits

The fourth amendments to the Patent Law went into effect on June 1, 2021, approximately a year ago. Although the detailed implementing regulations and examination guidelines for the Patent Law are still pending, some Supreme Court judicial interpretations, the draft version of the revised examination guidelines, and new judgments in legal practice have provided some guidance on hot topics like partial design, patent linkage for drugs, punitive damages in patent infringement lawsuits, and patent term adjustment. Updates on partial design The [...]

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Beijing High People’s Court issued guidelines on punitive damages in civil IP cases
01 Jun

Beijing High People’s Court issued guidelines on punitive damages in civil IP cases

The Beijing High People’s Court released Guidelines on Punitive Damages in Intellectual Property Infringement Civil Cases (Guidelines) on April 25. The Guidelines lay out the methodologies for measuring punitive penalties, as well as the conditions in which punitive damages are appropriate, and the Internet service providers’ punitive damages liability. The court also published a few typical cases alongside the Guidelines to show how punitive damages were given in real situations. When a violation is proven to be both “serious” and [...]

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Standards for Judging General Trademark Violations in China published, Judging General Trademark Violations in China published, General Trademark Violations in China published, the Standards,
30 May

Standards for Judging General Trademark Violations in China published

To implement the decision and deployment of the CPC Central Committee and the State Council on strengthening the protection of IP rights, the CNIPA has issued the “Standards for Judging General Trademark Violations in China published”, short as the Standards to guide the enforcers of the departments.  The draft version of the Standards for Judging General Trademark Violations (“Draft Standards”) was published on 17 August 2021 for public comments until 1 October the same year. The official publication of the Standards [...]

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China Trade Secret Litigation Report by Rouse, China Trade Secret Litigation Report, China Trade Secret Litigation , Trade Secret Litigation,
28 May

China Trade Secret Litigation Report by Rouse

Rouse, one of the leading law firms specializing in Intellectual Property in the entire world with many renowned lawyers have just published the China Trade Secret Litigation Report to provide the readers with some in-depth knowledge about the litigation status in China, especially concerning trade secret. Rouse operated as a closely integrated network with more than 600 people working out of 18 offices in 13 countries. Accordingly, the Report was also made by Rouse experts with its partners, in this case, [...]

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Snapshot: Patent System in China
07 May

Snapshot: Patent System in China

Both products and processes are protected by patents. You can use your IP rights to prevent others from manufacturing, using, or selling your invention in China. Certain types of inventions are not eligible for patent protection in China. Patents are not available for the following products: scientific discoveries; rules and methods of mental activities, such as software and business methods; methods for the diagnosis or the treatment of diseases, such as medical procedures; animal and plant varieties; substances obtained by means of nuclear transformation; and a [...]

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China Copyright Protection for Applied Art
25 Apr

China Copyright Protection for Applied Art

Because China’s copyright legislation makes no express provisions for the protection of works of applied art, courts have taken a variety of ways in addressing the issue. Protection has been extended in some circumstances based on the safeguards provided to works of art. In last year’s Guiding Case No. 157, The Supreme People’s Court (SPC) agreed that works of applied art are eligible for copyright protection in their own right. “An artistic work applied to objects for practical use, whether [...]

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China's Latest Trademark Law Strengthens Trademark Enforcement
04 Apr

China’s Latest Trademark Law Strengthens Trademark Enforcement

It has been more than two years since China’s new Trademark Law was promulgated and implemented in 2019. How have the revisions to the new Trademark Law been applied throughout this time? What result has been acquired? What rules or interpretations have the China Intellectual Property Administration (CNIPA) or the Court issued, and what steps have been made to promote and ensure the efficient application of the new Trademark Law? In conjunction with the main amendments to the new [...]

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Exclusive copyright agreements are officially banned in China, Exclusive copyright agreements banned, copyright agreements banned in China, Exclusive copyright agreements banned in China,
07 Feb

Exclusive copyright agreements are officially banned in China

Monopoly is a huge issue in any market. It not only hinders the development of the market in the near future but will also create disastrous effects on the entire society in the long run. That’s why many great countries in the world have established their own Anti-monopoly law, best demonstrated in the recent Facebook monopoly lawsuit. In China, the same methods have also been applied but the scale is different. China’s government won’t target a single giant company [...]

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China Sees Applications for 16,000 Metaverse Trademarks
21 Jan

China Sees Applications for 16,000 Metaverse Trademarks

The Chinese National Intellectual Property Administration (CNIPA) said that the country has seen 16,000 trademark applications filed, encapsulating the term ‘metaverse.’ The CNIPA has been outspoken in its opposition to malicious trademark registrations, particularly when the company is attempting to amass trademarks for no apparent reason. The office also stated that applicants should follow the relevant provisions of the “Trademark Law” when applying for registered trademarks. They must also follow the principle of good faith, not endangering the public’s interest [...]

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