China’s State Administration for Market Regulation Introducing Compulsory Licensing Regime with Draft Provisions on Prohibiting the Abuse of Intellectual Property Rights to Exclude and Restrict Competition?

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

On June 27, 2022, the State Administration for Market Regulation released the Provisions on Prohibiting the Abuse of Intellectual Property Rights to Exclude and Restrict Competition (Draft for Comments) (禁止滥用知识产权排除、限制竞争行为规定(征求意见稿)).  The Draft, which is meant to implement the Anti-Monopoly Law (the most recent version of which comes into force August 1, 2022), defines markets, adds a provision on using intellectual property to form a monopoly with others, strengthens legal liability with fines up to 10% of last year’s sales, and …

China’s National Intellectual Property Administration Sanctions 3 Trademark Firms for Forging Evidence

Posted on Categories Trademarks

Per a Notice (“蓝天行动”:严厉打击商标代理伪造证据行为) released June 21, 2022, China’s National Intellectual Property Administration (CNIPA) has sanctioned three Chinese trademark firms for forging evidence in applications for geographical indications (GI). A GI is a distinctive sign used on products that have a specific geographic origin and possess qualities or a reputation that are due to that origin. Two agencies were fined 40,000 RMB each and a third was fined 20,000 RMB as well as issued warnings. In addition, the responsible individuals also …

China Claims Over 18,000 5G Standard Essential Patent Families Ranking First in the World

Posted on Categories Patents

On June 8, 2022, China’s National Intellectual Property Administration (CNIPA) announced that their Intellectual Property Development Research Center completed a 5G standard essential patent (SEP) report showing that China ranks first in the world for declared 5G SEP families. Per the report there are currently more than 210,000 5G standard-essential patents declared globally, involving nearly 47,000 patents. Among them, China has declared more than 18,000 patent families, accounting for nearly 40%, ranking first in the world.   Huawei has declared more …

China’s National Intellectual Property Administration Announces Record 2.49 Million RMB Fine Against Patent Firm for Unauthorized Practice of Law and Filing Abnormal Patent Applications

Posted on Categories Case, Patents

On June 8, 2022, China’s National Intellectual Property Administration (CNIPA) announced a record 2.49 million RMB (~$372 thousand USD) fine against a Zhejiang-based patent firm for practicing patent law without a license and filing abnormal (irregular) patent applications.  The fine is part of the “Blue Sky” program to crack down on problems in the patent industry.  The previously reported highest fine was 1.04 million RMB.