China’s Supreme People’s Court Rules Utility Model Patent Unenforceable if Corresponding Invention Patent Application Fails to Grants

Posted on Categories Case, Patents, Utility Model

In a decision released by the Intellectual Tribunal of China’s Supreme People’s Court (SPC) on July 23, 2021, the SPC explained that a granted utility model patent may be unenforceable when a corresponding invention patent application was rejected during substantive examination.  The plaintiff had filed both utility model and invention patent applications on the same day for the same invention. While the utility model granted, the invention patent application was rejected in substantive examination for lacking novelty and inventiveness.

Criminal Arrests for Intellectual Property Crimes in China Up 99% in H1 2021

Posted on Categories Trademarks

According to data (最高检发布上半年全国检察机关主要办案数据) released by China’s Supreme People’s Procuratorate (SPP) on July 25, 2021, From January to June 2021, procuratorial authorities across the country approved the arrest of 4,286 suspected IPR infringement criminals, up by 99% year on year; prosecution of 6,017 persons, up by 12.6% year on year, non-prosecution of 540 persons, non-prosecution rate of 8.2%, down by 2.6 percentage points year on year. The criminal charges involved in the prosecution case were mainly the crimes of counterfeiting registered …

China’s New Patent Linkage System: A Guide for Foreign Chinese Patent Holders

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

This article originally appeared in IP Watchdog here. In compliance with the Phase One Trade Agreement, China has implemented a patent linkage system in their amended patent law, which became effective June 1, 2021 (Article 76 of the Patent Law of the People’s Republic of China (2020)). The Chinese patent linkage system prevents marketing approval of generic drugs until after the expiration of patents covering the drugs or uses. Specifically, the Center for Drug Evaluation (CDE) of the National Medical Products Administration …

China’s General Administration of Customs Announces Typical Cases of Intellectual Property Infringement

Posted on Categories Trademarks

On July 19, 2021, China’s General Administration of Customs announced 11 typical cases of intellectual property infringement where they were able to seize infringing goods.  The cases included both domestic and foreign brands as well as products bearing Olympic marks.  The infringing goods included counterfeit Hugo Boss clothing; counterfeit L’Oreal, DIOR, Maybelline, MAC, Huda, and St. Ives cosmetics; and counterfeit Disney stickers among others.