The State Council Information Office of the People’s Republic of China held a press conference (国新办举行2022年知识产权工作新闻发布会) on January 16, 2023 on intellectual property work in 2022. During the press conference, Hu Wenhui, Deputy Commissioner of the China National Intellectual Property Administration (CNIPA) released statistical data on patent and trademark grants (but not filings). Perhaps indicating a shift to quality from quantity, the number of utility models granted dropped over 10% while invention patent grants increased almost 15%. This contrasts with …
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 Issues Draft Amendment to the Trademark Law for Comment to Reduce Malicious Trademark Registration
On January 13, 2023, China’s National Intellectual Property Administration (CNIPA) issued the Draft Amendment to the Trademark Law of the People’s Republic of China (Draft for Comment) (中华人民共和国商标法修订草案（征求意见稿)). The Draft expands the Trademark Law to 10 chapters and 101 articles. Among them, 23 new articles were added, 6 new articles were split from existing articles, 45 articles were substantially revised, and 27 existing articles were maintained. Many of the amendments focus on reducing malicious registrations of trademarks and also introduces …
China’s National Intellectual Property Administration to Close from January 21, 2023 to January 27, 2023 for Lunar New Year
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.
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 …