On April 12, 2024 China’s Securities Regulatory Commission (CSRC) proposed increasing the required number of patents to list on the Shanghai Stock Exchange Science and Technology Innovation Board (somewhat analogous to NASDAQ). Specifically, the CSRC released the Guidelines for the Evaluation of Science and Technology Innovation Attributes (Trial) (科创属性评价指引(试行)) for commenting raising the number of patents related to the company’s main business to 7 from 5.
Category: New Law, Rule or Implementing Regulation
China’s National Intellectual Property Administration Joins the Patent Prosecution Highway Improvement Initiative in Cooperation with the IP5
China’s National Intellectual Property Administration (CNIPA) announced on April 11, 2024 that it will join the Patent Prosecution Highway (PPH) Improvement Initiative (PPH改进倡议) in cooperation with the IP5 (China, the United States, Europe, Japan and South Korea). The Initiative’s goal is to provide a more predictable examination cycle. Accordingly, CNIPA will aim for an average time to issuance of a first office action from grant of a PPH request at 3 months. Similarly, CNIPA will aim for an average time …
China’s National Intellectual Property Administration Issues Annual Work Guidelines for Promoting High-Quality Development of IP rights (2024)
On April 10, 2024 China’s National Intellectual Property Administration (CNIPA) issued the Annual Work Guidelines for Promoting High-Quality Development of Intellectual Property Rights (2024) (推动知识产权高质量发展年度工作指引(2024)). Per CNIPA, the Guidelines were formulated to “further improve intellectual property work in 2024 and accelerate the promotion of high-quality development of intellectual property.” The main objectives of the Guidelines include improving the quality of patent applications; increase patent conversion; improve patent enforcement including guidance for overseas intellectual property disputes; improve provincial and local government …
China (Partially) Switches to Common Law System?
Update: Susan Finder of the Peking University School of Transnational Law points out that from 2020, the SPC has required judges to engage in similar case search in certain types of cases. As can be seen from points IV 1 and 2 of the Guiding Opinions on Strengthening Searches for Similar Cases to Unify the Application of Law (Provisional), priority is given to guiding cases and SPC typical (example/exemplary/model) cases. Similar case search supplements searching for legislation and judicial interpretations. …