China’s Supreme Court Rules in Favor of Christian Louboutin’s Red Sole Trademark

Posted on Categories Case, Trademarks

In January 2020, China’s Supreme People’s Court (最高人民法院) ruled in favor of Christian Louboutin for her red sole trademark.  The Supreme People’s Court decision upholds an earlier decision from Beijing Higher People’s Court that ruled even though single color marks are not listed as eligible in Article 8 of the Chinese Trademark, Article 8 does not exclude marks not enumerated in Article 8.  Specifically, Article 8 lists  combinations of colors as eligible for application but does not list a single …

Wuhan Institute of Virology Applies for a Patent on Gilead’s Remdesivir

Posted on Categories Patents

The Wuhan Institute of Virology announced on February 4, 2020 that they applied  for a Chinese patent on Gilead’s Remdesivir for treating the novel coronavirus (2019-nCoV) that originated in Wuhan in late 2019.  The Chinese patent application was filed on January 21, 2020 and the Institute plans to file internationally via the Patent Cooperation Treaty. 

China Patent Office to Cease Issuing Paper Patent Certificates

Posted on Categories New Law, Rule or Implementing Regulation, Patents

The China National Intellectual Property Administration (CNIPA) will no longer issue paper patent certificates for patents with authorization notices dated March 3, 2020 or later.  Instead, CNIPA will issue electronic certificates through their online system.  Patentees can still request paper certificates through the online system if needed though per Announcement 349 of CNIPA.

Newly Amended China Patent Examination Guidelines Effective February 1, 2020

Posted on Categories New Law, Rule or Implementing Regulation, Patents

The China National Intellectual Property Administration (“CNIPA”) formally announced on December 31, 2019 the newly amended Patent Examination Guidelines (“the Guidelines”) will come into effect on February 1, 2020.  The Guidelines were amended to clarify eligible subject matter in patent applications involving artificial intelligence and other new industries.