On October 26, 2021, the China National Intellectual Property Administration (CNIPA) issued the Administrative Measures for the Establishment of Permanent Representative Offices in China by Foreign Patent Agencies (Draft for Comment) (外国专利代理机构在华设立常驻代表机构管理办法（征求意见稿)). The draft Measures will allow foreign patent agencies to open up representative offices in China (as distinct from foreign law firms, which are already allowed to open up representative offices). However, unlike trademark agencies opened by many foreign firms, patent representative offices will not be allowed to prosecute …
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
Zhejiang, China Fines Hangzhou Patent Firm for Not Withdrawing 164 Abnormal Patent Applications and Suspicion of Filing 1,192 Abnormal Applications in Total
In a decision dated October 21, 2021, the Zhejiang Provincial Market Supervision and Administration Bureau fined a Hangzhou, China patent firm 20,000 RMB for not withdrawing abnormal (irregular) patent applications in decision no. 浙市监处罚〔2021〕3号. The China National Intellectual Property Administration (CNIPA) has defined abnormal applications in the Measures Regarding the Regulation of Patent Applications (关于规范申请专利行为的办法) and includes filing multiple same patent applications among other actions.
China’s Shanghai Pudong Court Sentences 69 Defendants for Counterfeiting Chanel, Cartier and Gucci Products for up to 5 Years 9 Months with a $1.8 Million USD Fine
In a October 21, 2021 announcement by the Shanghai Pudong Court, the court sentenced 69 defendants to imprisonment ranging from eight months to five years and nine months with fines ranging from 5,000 RMB to 11.7 million RMB (~$1.8 million USD) for the crime of counterfeiting registered trademarks or the crime of selling commodities bearing counterfeit registered trademarks for Chanel, Cartier, Gucci and many other brands.
China’s Supreme People’s Court Submits Report to the National People’s Congress on Judicial Work on the People’s Courts in Intellectual Property
On October 21, 2021, the Supreme People’s Court of China submitted a report on the judicial work of the people’s courts on intellectual property rights for deliberation. According to the report, the average annual increase in intellectual property cases was 24.5% from 2013 to 2020, which is 12.8 percentage points higher than the increase in all litigation cases. Specifically, number of first-instance IP cases accepted by courts across China increased from 101,000 in 2013 to 467,000 in 2020.