Guest post by Haoyu ZHOU (Elliot) of Foundin Intellectual Property It is commonly known that any inventions made (or partially made) in China must first obtain a foreign filing license from the China National Intellectual Property Administration (CNIPA) BEFORE it can be filed as a patent application in countries/regions outside China. Failing to do so will violet Article 20.1 of the Chinese Patent Law and will result in an invalidation of the corresponding Chinese patent. But, in practice, there were …
On April 21, 2022, the State Administration for Market Regulation (SAMR) released the Typical Cases of Intellectual Property Enforcement by Market Supervision Departments (市场监管部门知识产权执法典型案件). The 20 cases involved trademark infringement, patent counterfeiting, Olympic logos, malicious trademark registration and the unauthorized practice of patent law, etc. Of foreign companies involved, one Chinese company was fined 10.55 million RMB for infringement of John Deere’s trademark and another was fine 1.05 million RMB for infringement of Costco’s Kirkland trademark.
On April 26, 2022, the China National Intellectual Property Administration (CNIPA) announced the Top 10 Patent Reexamination Invalidation Cases Released in 2021 (2021年度专利复审无效十大案件发布). Invalidation cases cover utility models, invention patents, designs and layout designs of integrated circuits. Note that many of the petitioners appear to be straw persons as the real party of interest does not need to be disclosed in invalidations.
Recently, Zhang Qian, assistant judge of the Beijing Intellectual Property Court, attended the online conference “Judicial Protection of Intellectual Property Rights on April 26, 2022” organized by the Beijing Intellectual Property Judicial Protection Research Society, and gave a symposium on legal publicity to relevant practitioners under the theme “Hot spots and difficulties in trademark protection practices of enterprises——Analysis of Typical Cases about Trademark Authorization and Determination.”