China’s National People’s Congress has released Amendments to the Patent Law (Second Review Draft) for comment on July 3, 2020. Comments are due August 16, 2020. The draft amendment to China’s patent law will significantly increase damages by introducing punitive damages, raising the statutory damages, and increasing the statute of limitations. Major amendments to the patent law focus on designs, damages, patent term adjustments, patent term extensions and patent linkage.
On April 21, 2020, China’s Supreme People’s Court released a list of the top 10 intellectual property law cases of 2019. The cases cover patent (invention and design), trademark, copyright, unfair competition and criminal trademark law. Cases in the list were adjudicated by Courts spread over China and at different appeal levels.
On March 27, 2020, the China National Intellectual Property Administration (CNIPA) confirmed that earlier-announced policies for missed deadlines also apply to foreign entities. Per Announcement 350, patentees and applicants can restore their patent rights without payment of a restoration right request fee if lost rights were due to the coronavirus.
The China Supreme People’s Court recently rejected the appeal by Jiangling Holdings Co Ltd. against a holding invalidating their Chinese design patent entitled Off-road Vehicle (Landwind E32) numbered 201330528226.5. In a long-running dispute between Jaguar Land Rover and Jiangling, Jiangling became notorious for manufacturing a crossover SUV Landwind X7 that bore a striking resemblance to the Range Rover Evoque.