In preparation for the upcoming Olympics, on July 8, 2021, the China National Intellectual Property Administration (CNIPA), in accordance with the relevant provisions of the “Regulations on the Protection of Olympic Symbols,” announced the protection of the “Olympic Five Rings Logo” and other symbols submitted by the International Olympic Committee in accordance with the law. The International Olympic Committee shall enjoy the exclusive rights to the above-mentioned symbols from the date of announcement for 10 years. Similarly, the “International Paralympic …
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
Tackling Bad Faith Trademark Applications or Registrations in China
by Yan Zhang, Miao Tian, Austin Chang and Aaron Wininger In order to reduce trademark squatting, the Chinese Trademark Law of China (2019 Version) (“Trademark Law 2019”) introduced an intent to use requirement as well as a good faith requirement. As will be discussed further below, recent Chinese court cases show that the introductions did in fact provide newly effective means to challenge squatters. Overview of the relevant articles in the Trademark Law 2019 The relevant articles of the Trademark …
China’s Patent Grants Accelerate By Over 50% in First Half of 2021
In recently released data for the first half of 2021, the China National Intellectual Property Administration (CNIPA) granted 55.9% more invention patents than in the first half of 2020. Utility model patents were up less at 30.3% versus the first half of 2020. The percentage of patents granted to foreign patentees dropped from 19.0% to 15.8% although the absolute number of patents to foreign patentees increased from 41,157 to 53,512. However, this may overstate the total number of patents granted …
China’s National Intellectual Property Administration Releases Patent Linkage Administrative Adjudication Measures
In follow up to the joint National Medical Products Administration (NMPA) and China National Intellectual Property Administration (CNIPA) release of patent linkage implementation measures, CNIPA has released the Administrative Adjudication Measures for Early Resolution Mechanisms for Drug Patent Disputes (药品专利纠纷早期解决机制行政裁决办法) on July 5, 2021. These Measures provide an alternative dispute mechanism to litigation (see the Supreme People’s Court’s (SPC) litigation provisions also issued July 5, 2021). CNIPA’s administrative adjudication may be the preferable route for patentees as the Administrative Adjudication …