China’s National People’s Congress Publishes Translation of the Seed Law

Posted on Categories New Law, Rule or Implementing Regulation

China’s National People’s Congress has published an English translation of the amended Seed Law of the People’s Republic of China. The current amendment was adopted at the 32nd Meeting of the Standing Committee of the Thirteenth National People’s Congress on December 24, 2021 and went into effect March 1, 2022.  With respect to intellectual property, the amended Seed Law revised Article 28 to add the explicit right to license a new plant variety right to others and to add to …

China’s Supreme People’s Court Adjusts Jurisdiction of their IP Tribunal

Posted on Categories New Law, Rule or Implementing Regulation

Effective November 1, 2023, the IP Tribunal of China’s Supreme People’s Court will no longer hear appeals involving utility model patents, technical trade secrets and computer software unless the appeal is against a first-instance judgement issued by a high court.  The IP Tribunal will retain its jurisdiction on (1) second-instance civil and administrative appeal cases involving ownership and infringement disputes on invention patents, new plant varieties, integrated circuit layout design, as well as (2) administrative appeal cases involving disputes derived …

Hangzhou Issues “Implementation Rules of Hangzhou Municipal Intellectual Property Special Fund Allocation Factors” To Subsidize Foreign IP Litigation

Posted on Categories New Law, Rule or Implementing Regulation

On October 27, 2023, the Hangzhou Municipal Administration for Market Regulation issued the “Implementation Rules of Hangzhou Municipal Intellectual Property Special Fund Allocation Factors.”  The Rules are effective immediately and provide funding for domestic and foreign IP litigation, IP financing, whistleblower rewards for reporting IP violations, monetary rewards for winning national and provincial patent medals, etc.

4.5-Year Prison Sentence in Shanghai for Counterfeiting of Anchor Butter

Posted on Categories Case, Trademarks

On October 24, 2023, the Shanghai Jinshan Primary People’s Court announced the sentencing of Wang XX to 4.5 years in prison and a 2 million RMB fine for the crime of counterfeiting registered trademarks for Anchor and Fonterra after a year on the run.  A co-defendant Wang YY received a suspended sentence. Over several years they sold about 8 million RMB of butter and other dairy products bearing counterfeited trademarks.