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.
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
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 …
Shanghai Third Intermediate People’s Court Affirms 3-Year Prison Sentence for Counterfeiting “Bordeaux” Collective Trademark
On January 4, 2023, the Shanghai Third Intermediate People’s Court announced it affirmed a 3-year prison sentence and 100,000 RMB fine for Wang XX for crime of counterfeiting the registered collective trademark “Bordeaux.” Yantai Wine Co., Ltd. was also fined 450,000 RMB. The defendants had appealed the original sentencing on the grounds that the wine involved in the case complied with national standards and did not endanger the health rights and interests of consumers and therefore Wang XX should receive …
China to Remove Infringing Pharmaceuticals from Procurement Platforms
In the “Opinions of the China National Intellectual Property Administration (CNIPA) and the National Healthcare Security Administration (NHSA) on Strengthening the Protection of Intellectual Property Rights in the Field of Centralized Pharmaceutical Procurement” (国家知识产权局 国家医疗保障局关于加强医药集中采购领域知识产权保护的意见) released December 30, 2022, the CNIPA and the NHSA will coordinate to remove infringing pharmaceuticals listed on central procurement platforms.