Reminder: Extended CNIPA Closure for Chinese National Day

Posted on Categories Holiday

The China National Intellectual Property Administration (CNIPA) will be closed from October 1, 2022 to October 7, 2022 for the Chinese National Day holiday. All official patent deadlines falling on the above dates will be automatically extended to October 10, 2022.  Note that October 8 and 9, 2022 will be work days and CNIPA will be open.  Accordingly, please provide your Chinese counsel with instructions for actions due as soon as possible to avoid a rush immediately after the holiday. …

China’s Supreme People’s Court Again Affirms Right to Set Global FRAND Rates in Standard Essential Patents in Nokia/OPPO Case

Posted on Categories Case, Patents

In a decision released on September 18, 2022 by 知识产权那点事 (not yet available on the Supreme People’s Court website or China Judgements Online), China’s Supreme People’s Court (SPC) affirmed the right for Chinese courts to set global FRAND licensing rates for standard essential patents based on a nexus to China. OPPO had sued Nokia in Chongqing asking the People’s Court to set global licensing rates for Nokia’s standard essential patents (SEPs), which it did. On appeal, the SPC affirmed the …

China’s National Intellectual Property Administration and the European Patent Office Extend Pilot Project for International Search Authority in PCT Applications

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

On September 16, 2022, the European Patent Office (EPO) and China’s National Intellectual Property Administration (CNIPA) issued a joint communiqué extending a pilot program that enables Chinese Patent Cooperation Treaty (PCT) applicants to select the EPO as International Search Authority (ISA).  The pilot program was originally scheduled to end later this year but will be extended for another year until November 30, 2023 for up to a further 3,000 applications.

Shanghai Intellectual Property Court: Continued Trademark Infringement After Notice Can Lead to Punitive Damages

Posted on Categories Case, Trademarks, Unfair Competition

The Shanghai Intellectual Property Court affirmed a lower court’s judgement awarding Huayi Brothers (华谊兄弟公司)  punitive damages for trademark infringement since the defendant, Huayi Cinema Era (某时代华谊影城), continued infringing after being put on notice via a cease and desist letter.  The Shanghai IP Court also affirmed an injunction and a requirement for Huayi Cinema Era to change its name.