China’s New Guidelines for Trademark Examination and Trial Elaborate on Malicious Trademark Applications

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

China’s National Intellectual Property Administration  (CNIPA) released the Guidelines for Trademark Examination and Trial (商标审查审理指南) on November 22, 2021, effective January 1, 2022.  The Guidelines, which are somewhat analogous to the U.S. Patent & Trademark Office’s (USPTO’s) Trademark Manual of Examining Procedure, explains the Trademark Law’s Article 4, which states, in part, “malicious trademark registration applications that are not intended for use shall be rejected” by providing 10 factors to identify malicious applications.  These new Guidelines and other measures, such …

China’s Supreme People’s Court Clarifies IC Layout Design Rights Standing Requirements

Posted on Categories Case

In case no. (2021)最高法知民终1313号, the Intellectual Property Tribunal of the Supreme People’s Court of China, in an announcement dated November 22, 2021, ruled that a plaintiff lacked standing when its integrated circuit layout design right was invalidated despite appealing the invalidation decision to the Beijing Intellectual Property Court. 

4.5-Year Prison Sentence Upheld for Counterfeiting 3M Masks in China

Posted on Categories Case, Trademarks

On November 19, 2021, the Shanghai No. 3 Intermediate People’s Court announced the affirmance of prison sentences for defendants that counterfeiting 3M and Dasheng (大胜) masks.  Seven defendants were sentenced to imprisonment ranging from one year to four years and six months for the crime of counterfeiting registered trademarks, and fines were imposed ranging from RMB 30,000 to RMB 1.2 million (~$188 thousand USD).

How Fast is the Patent Prosecution Highway in China?

Posted on Categories Patents

Accordingly to statistics collected by the Japanese Patent Office (JPO), participating in the Patent Prosecution Highway (PPH) in China will significantly speed up examination and grant of a patent application. Per the JPO data, from January to June 2021, the China National Intellectual Property Administration (CNIPA) on average issued a first office action within 2.2 months of granting a PPH request.  This is close to a third of the time it takes the USPTO to issue a first office action …