China’s State Administration for Market Regulation Releases Legislative Work Plan for 2022

Posted on Categories New Law, Rule or Implementing Regulation, Patents, Trade Secrets, Trademarks

On April 27, 2022, China’s State Administration for Market Regulation released the State Administration for Market Regulation on Printing and Distributing Notice of Legislative Work Plan for 2022 (市场监管总局关于印发2022年立法工作计划的通知), which includes several intellectual property laws and administrative regulations among the 69 projects identified. IP-Related laws, regulations and rules, etc. are highlighted in the tables below.  Note that the Detailed Implementation Rules of the Patent Law are not listed below but are mentioned in the text of the plan. Hopefully, the …

China Releases Several Provisions of the Supreme People’s Court on Jurisdiction of Intellectual Property Cases of First Instance

Posted on Categories New Law, Rule or Implementing Regulation

On April 21, 2022, China’s Supreme People’s Court (SPC) released the Several Provisions of the Supreme People’s Court on Jurisdiction of Intellectual Property Cases of First Instance (关于第一审知识产权民事、行政案件管辖的若干规定).

China’s National Intellectual Property Administration Issues Notice on Continuing to Severely Crack Down on Malicious Registration of Trademarks

Posted on Categories New Law, Rule or Implementing Regulation, Trademarks

On April 12, 2022, China National Intellectual Property Administration (CNIPA) issued the “Notice of the CNIPA on Continuing to Severely Crack Down on Malicious Registration of Trademarks” (国家知识产权局关于持续严厉打击商标恶意注册行为的通知). Among the highlights of the Notice include the listing of 10 illegal behaviors to be cracked down on and the elimination of awards or subsidies for trademark applications (including Madrid applications).  This follows earlier crackdowns such as the cancellation of maliciously registered Olympic-related trademarks ex officio in February.

China’s Supreme People’s Court Issues Judicial Interpretation of Anti-Unfair Competition Law

Posted on Categories New Law, Rule or Implementing Regulation, Unfair Competition

On March 16, 2022, China’s Supreme People’s Court issued the Judicial Interpretation (JI) of Anti-Unfair Competition Law (UCL) (最高人民法院关于适用〈中华人民共和国反不正当竞争法〉若干问题的解释), which will go into effect March 20, 2022.  The Anti-Unfair Competition Law has been used effectively by foreigners in trademark and trade dress cases when the foreigners’ trademarks have not been registered (or in addition to a trademark infringement claim for a registered trademark). Per a press conference held by the Third Civil Division of the Supreme People’s Court, one of …