On September 22, 2021, the Central Committee of the Communist Party of China and the State Council issued the “Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)” (知识产权强国建设纲要（2021－2035年）). The Guidelines set numerical development goals for intellectual property as well as other goals such as “deep participation in global intellectual property governance.”
Author: Aaron Wininger
Aaron Wininger is a Senior Attorney and Director of China Intellectual Property at Schwegman Lundberg & Woessner.
China’s National Intellectual Property Administration Issues Interpretation of Administrative Adjudication of Patent Linkage Measures
On September 18, 2021, the China National Intellectual Property Agency released the Interpretation of “Administrative Adjudication Measures for Early Resolution Mechanisms for Drug Patent Disputes” (《药品专利纠纷早期解决机制行政裁决办法》解读). The Interpretation clarifies some issues in the Measures, including deadlines.
China’s National People’s Congress Releases Translation of the Amended Copyright Law
China’s National People’s Congress has recently released a translation of the amended Copyright Law. The full text in English is available here. The original Chinese text is available here. The amended Copyright Law is effective as of June 1, 2021. Some of the highlights in the amended Copyright Law include punitive damages for intentional infringement, an increase in statutory damages, and an increase in civil fines for copyright infringement. For ease of reference, the full English translation is reproduced here.
China’s National People’s Congress Releases Translation of the Amended Patent Law
China’s National People’s Congress has recently released a translation of the amended Patent Law. The full text in English is available here. The original Chinese text is available here. The amended Patent Law is effective as of June 1, 2021. Major changes in the Patent Law include increased patent term (e.g., patent term extension and patent term adjustment), patent linkage, and increased damages (longer statute of limitations and punitive damages). For ease of reference, the full English translation is reproduced here.