On March 23, 2023, the Wuxi Intermediate People’s Court (无锡市中级人民法院) upheld a lower court’s sentence of 4.5 years for Zhao XX as well as a fine of 30,000 RMB and restitution of 280,000 RMB. Zhao used the “trademark document express delivery” scam to courier copies of official trademark approval announcements to trademark applicants requiring the payment of 25 RMB upon receipt.
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 Sanctions 7 Patent Firms for Filing Over 20,000 Abnormal (Irregular) Patent Applications
On March 14, 2023, the China National Intellectual Property Administration (CNIPA) sanctioned 7 Chinese patent firms for filing over 20,000 abnormal (i.e., junk) patent applications. Sanctions included suspensions in accepting new business for 6 or 12 months and 1 revocation of a patent license. However, no fines were issued. Further crackdowns are expected this year per the 2023 Administrative Protection Work Plan, which stated that CNIPA would “severely crack down on abnormal patent applications and malicious registration of trademarks. “
China’s Supreme People’s Court and Supreme People’s Procuratorate Submit 5-Year Work Reports to the National People’s Congress
On March 7, 2023, China’s Supreme People’s Court (SPC) and Supreme People’s Procuratorate (SPP) submitted their 5-Year Work Reports to the National People’s Congress. Zhou Qiang, president of the SPC, stated that courts across the country intensified IP protection of key technologies and emerging and major industries. Procurator-General Zhang Jun stated that offices specializing in tackling IP cases have been established in procuratorial agencies in 29 provincial-level regions.
China To Upgrade Status of the China National Intellectual Property Administration
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.