China Continues Market Distorting Patent Subsidies

Posted on Categories New Law, Rule or Implementing Regulation

Despite China planning to cancel all patent subsidies by 2025, some jurisdictions are still issuing substantive patent subsidies and rewards for domestic and foreign patent grants. Specifically, Haining, near Shanghai, recently released their Implementation Rules for the Management of Special Funds for Intellectual Property Rights in Haining City (海宁市知识产权专项资金管理实施细则公示). Per a 2021 USPTO report on Chinese non-market factors influencing IP trends, China had reportedly adopted more than 70 subnational trademark subsidy measures, including measures for domestic and foreign applications and …

China Releases the Plan for Promoting the Construction of a Powerful Intellectual Property Country in 2024

Posted on Categories New Law, Rule or Implementing Regulation

On May 16, 2024, China’s Office of the Inter-Ministerial Joint Meeting for the Building of a Powerful Intellectual Property (IP) Nation (国家知识产权强国建设工作部际联席会议办公室) released the Plan for Promoting the Construction of a Powerful Intellectual Property Country in 2024 (2024年知识产权强国建设推进计划). Among other points, the 110-point Plan covers exploring the use of AI in IP examination, promoting amending IP legislation, improving patent examination, cracking down on bad faith IP filings, and a shout-out to the upcoming AIPPI meeting in Hangzhou.

China’s National Intellectual Property Administration to Revise Patent Certificates

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

Published on May 16, 2024 and effective June 1, 2024, China’s National Intellectual Property Administration (CNIPA) issued the Announcement of the State Intellectual Property Office on the Revision of Patent Certificates (No. 581) (国家知识产权局关于专利证书改版的公告(第581号)). Per CNIPA, the “new version of the patent certificate follows the A4 vertical format, and optimizes and adjusts the layout of the recorded matters.” Based on samples provided by CNIPA, it appears that the new version will include both the applicant(s) and the inventor(s) at the …

China’s State Administration for Market Regulation Releases the Top 10 Typical Cases of Intellectual Property Enforcement in 2023

Posted on Categories Case, Trademarks

On May 10, 2024, China’s State Administration for Market Regulation (SAMR) released the top ten typical cases of intellectual property enforcement in 2023.  Administration enforcement via the SAMR provides an alternative route for IP enforcement in China. While damages are not available, injunctions and significant fines are.  Further, cases can be referred to the procuratorate for criminal prosecution if warranted. Per the SAMR, local bureaus in 2023 “severely cracked down on trademark infringement, counterfeit patents, malicious applications for trademark registration, and …