In a notice issued November 9, 2020, the China National Intellectual Property Administration announced that it organized a comprehensive review of the 47,000 trademark agencies registered with CNIPA under the Blue Sky IP industry rectification campaign. Through self-examination, the top violation of trademark law and regulation by trademark agencies was the malicious squatting and hoarding of trademarks with 858 cases (44.94% of all violations); unlicensed practice of patent law 561 (29.4% of the total) was second; third, worryingly, was forging …
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
Chinese Patent Bar Exam Postponed in Western China Due to COVID-19 Outbreak
On November 6, 2020, the China National Intellectual Property Administration (CNIPA) announced the postponement of the Chinese patent bar exam in Western China. Specifically, the exam scheduled for November 14 – 15, 2020 to be held in Urumqi in Xinjiang will be postponed due to an outbreak of COVID-19 in Shufu County and Akto County of Xinjiang. However, no new date has been announced for the Xinjiang testing site. Other testing sites will remain open.
China’s State Administration for Market Regulation Releases Updated Regulations on Prohibiting Abuse of Intellectual Property Rights to Exclude and Restrict Competition
On November 3, 2020, China’s State Administration for Market Regulation released the Regulations on prohibiting abuse of intellectual property rights to exclude and restrict competition (关于禁止滥用知识产权排除、限制竞争行为的规定). Originally released in 2015, the Regulations were mainly amended October 23, 2020 to remove the exemption for price fixing behaviors as a monopolistic behavior covered by the regulations.
China’s Operation Blue Sky Patent Attorney Rectification Campaign Bears Fruit
In follow up to the Notice of the China National Intellectual Property Administration (CNIPA) on Deepening the “Blue Sky” Action and Promoting the Healthy Development of the Intellectual Property Service Industry (国家知识产权局办公室关于深化“蓝天”行动 促进知识产权服务业健康发展的通知) issued May 8, 2020, the CNIPA is now publicizing that local Intellectual Property Offices have fined 56 Chinese patent firms a collective 2,455,067 RMB for operating while unlicensed. The patent firms are located in Beijing, Hebei, Shanxi, Jilin, Jiangsu, Zhejiang, Fujian, Shandong, Hubei, and Guangdong. Fines usually …