In follow up to the signing of an agreement with the European Union on Graphical Indications (GIs), on September 24, 2020, the China National Intellectual Property Administration (CNIPA) issued the Provisions on the Protection of Geographical Indications (Draft for Comment) (商标代理管理办法 (征求意见稿)). GIs are, per the 1995 Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), “indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a …
Author: Aaron Wininger
Aaron Wininger is a Senior Attorney and Director of China Intellectual Property at Schwegman Lundberg & Woessner.
China Introduces Proposed Patent Linkage System for Comment
On September 11, 2020, China’s National Medical Products Administration (NMPA) and the China National Intellectual Property Administration (CNIPA) jointly issued the draft Implementing Measures for Drug Patent Dispute Early Resolution Mechanism (Trial for Implementation) (Draft for Public Opinions) (药品专利纠纷早期解决机制实施办法（试行)( 征求意见稿)). Patent linkage refers to the process by which a country links drug marketing authorization to the status of the patent(s) corresponding to the originator’s product. Typically, marketing authorization for a generic drug will not be granted prior to the expiration …
China’s Supreme People’s Procuratorate Amends Prosecution Standards for Criminal Trade Secret Theft
On September 18, 2020, China’s Supreme People’s Procuratorate of the Ministry of Public Security released the Decision of the Supreme People’s Procuratorate of the Ministry of Public Security on Amending the Prosecution Standards for Criminal Cases of Commercial Secret Infringement (最高人民检察院 公安部关于修改侵犯商业秘密刑事案件立案追诉标准的决定). The decision brings the prosecution standards in line with the recent Supreme People’s Court issuance of Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Infringement of Intellectual Property Rights (3) (关于办理侵犯知识产权刑事案件具体应用法律若干问题的解释（三）), notably, the reduction in threshold required to prosecute …
China’s Supreme People’s Court Releases Provisions on Several Issues Concerning the Application of Law in the Trial of Administrative Cases Concerning Patent Grant and Confirmation
China’s Supreme People’s Court published on September 11, 2020 (effective September 12) the Provisions on Several Issues Concerning the Application of Law in the Trial of Administrative Cases Concerning Patent Grant and Confirmation (1) (最高人民法院关于审理专利授权确权行政案件适用法律若干问题的规定（一）). The provisions clarify administrative litigation issues for Patent Reexamination Board decisions – both invalidations of granted patents and reexamination of finally rejected patent applications (similar to patent application appeals at the U.S. Patent & Trademark Office).