On April 25, 2024, the Office of the United States Trade Representative (USTR) today released its 2024 Special 301 Report on the adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property (IP) rights. China remains on the priority watch list with the USTR stating: there remain many serious concerns regarding IP protection and enforcement in the People’s Republic of China (PRC). In 2023, the pace of reforms in the PRC remained slow. Stakeholders continue to raise …
Category: Design Patent
Chinese Utility Model Grants Down 25.5% in 2023, Invention Patent Grants Up 15.4% in Shift from Quantity to Quality
In China’s shift from quantity to quality, 25.5% fewer utility models were granted in 2023 versus 2022. Design patent grants were also down 11.5% according to a January 16, 2024 press conference held by the State Council Information Office. In contrast, invention patent grants were up 15.4%. Invention patent applications are substantively examined while utility models and designs only undergo a preliminary examination. 2024 may show a continuing downward trend for utility models as the amended Patent Examination Guidelines, effective …
China’s National Intellectual Property Administration Releases Second Batch of Guiding Cases of Administrative Enforcement
On March 31, 2022, the China National Intellectual Property Administration (CNIPA) issued the Second Batch of Guiding Cases for Administrative Enforcement of Intellectual Property Rights (第二批知识产权行政执法指导案例). Administrative enforcement provides for a second avenue for enforcement of intellectual property rights in China in addition to civil litigation. The Guiding Cases include 3 cases covering patent infringement, trademark infringement and design patent infringement.
Europol: More Than Half of Counterfeits Originate in China
On March 7, 2022, the European Union Agency for Law Enforcement Cooperation (Europol) and the European Union Intellectual Property Office (EUIPO) jointly released the Intellectual Property Crime Threat Assessment 2022. Per the Assessment, China (including Hong Kong) was the main source of counterfeits based on number of counterfeits and by value of the counterfeits seized at the EU external borders. Almost 76% of the fake goods detained were for trademark infringement; design infringement was the second most reported at 23% …