On March 7, 2023, China released the 2023 State Council Institutional Reform Plan (Plan) (国务院机构改革方案). The National People’s Congress (NPC) is set to approve the Plan on March 9. The Plan will remove the China National Intellectual Property Administration from the State Administration of Market Regulation (SAMR) and make it a top-level agency under the State Council. The SAMR will continue its enforcement of IP rights.
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
China’s National Intellectual Property Administration Releases 2023 Administrative Protection Work Plan
On March 7, 2023, the China National Intellectual Property Administration (CNIPA) released the 2023 National Intellectual Property Administrative Protection Work Plan (2023年全国知识产权行政保护工作方案). The Plan mentions cracking down further on abnormal (irregular) patent applications and malicious registration of trademarks, complete the revision of the Implementation Rules of the Patent Law, and promote the revision of the Trademark Law, etc.
China’s Supreme People’s Court Releases Report on the Judicial Reform of Chinese Courts (2013-2022)
On February 21, 2023, China’s Supreme People’s Court (SPC) released the Report on the Judicial Reform of Chinese Courts (2013-2022) (中国法院的司法改革（2013—2022)). With respect to intellectual property, the Report discusses the establishing of new mechanisms (e.g., patent linkage), establishing of the IP Tribunal of the Supreme People’s Court and the establishing of IP Courts and IP Tribunals in several jurisdictions, etc. However, note that any judicial reform will occur in a Chinese context. For example, the State Council stated a few …
China Again Top Originator of International Patent Cooperation Treaty Applications in 2022; China’s Huawei Top Filer in 2022
Per data released by the World Intellectual Property Organization on February 28, 2023, China remained the top originator of International Patent Cooperation Treaty (PCT) applications in 2022. China has been the top originator of PCT applications since 2019. China’s Huawei Technologies Co., Ltd. was the top filer of PCT applications in 2022. The PCT is an international treaty with more than 155 Contracting States that enables applicants to file a single PCT application designating a large number of countries. However, national …