China’s National Intellectual Property Administration (CNIPA) will be closed from January 21, 2023, Saturday, through January 27, 2023, Friday, for the Spring Festival Holiday (Lunar New Year). Note that January 28, 2023, Saturday and January 29, 2023, Sunday will be working days in China. Trademark deadlines will only be extended to January 28, 2023 (NOT January 30, 2023) while patent deadlines will be extended to January 30, 2023.
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
China’s Supreme People’s Court Releases Second Batch of Typical Civil Code Cases Including Piercing the Corporate Veil in a Trademark/Unfair Competition Case
On January 12, 2023, China’s Supreme People’s Court released the Typical Cases of People’s Courts Implementing the Civil Code (Second Batch) (人民法院贯彻实施民法典典型案例（第二批)). The Second Batch comprises 16 cases including one intellectual property case: Wenjian Co., Ltd. v. Suzhou Wenjian Company, a packaging company and Hua, personally (dispute over trademark infringement and unfair competition). In this case, the Court “pierced the corporate veil” in effect by holding Hua jointly and severally liable with the companies as he was the controlling shareholder …
CNIPA Releases Interim Measures for Handling Examination Business Related to the Implementation of the Revised Patent Law
On January 5, 2023, the China National Intellectual Property Administration (CNIPA) released the Interim Measures for Handling Examination Business Related to the Implementation of the Revised Patent Law (关于施行修改后专利法的相关审查业务处理暂行办法) effective January 11, 2023. The Measures cover design patents, grace periods, patent term adjustment, patent term extension, and other areas. These Interim Measures will supersede the prior Interim Measures effective June 1, 2021. A translation of the new Interim Measures follow.
5-Month Criminal Detention Sentence for Legal Representative of Chinese IP Agency for Forging TM Documents
On January 5, 2023, the China National Intellectual Property Administration (CNIPA) announced an administrative penalty decision for a Chongqing, China intellectual property agency. The IP Agency was retained to file trademark applications but instead of filing forged the “Notice of Acceptance of Trademark Registration Application” by modifying the applicant, application address, etc. to that of the client and then transmitted it to the client. The legal representative of the agency was sentenced to 5 months of criminal detention and fined …