On September 16, 2022, the European Patent Office (EPO) and China’s National Intellectual Property Administration (CNIPA) issued a joint communiqué extending a pilot program that enables Chinese Patent Cooperation Treaty (PCT) applicants to select the EPO as International Search Authority (ISA). The pilot program was originally scheduled to end later this year but will be extended for another year until November 30, 2023 for up to a further 3,000 applications.
Category: New Law, Rule or Implementing Regulation
20,000 RMB for Passing Chinese Patent Bar in Guangzhou
In order improve the service level of intellectual property protection in Guangzhou’s Nansha District, the Guangzhou Nansha District Market Supervision and Administration Bureau proposed paying those that acquired the Chinese patent attorney qualification certificate 20,000 RMB. The proposal is from an August 19, 2022 draft entitled Guangzhou Nansha New District (Free Trade Zone) Intellectual Property Support Measures (Draft for Comment) (广州南沙新区（自贸片区）知识产权扶持办法（征求意见稿)). Other handouts include up 1,000,000 RMB for winning national and provincial awards for patents, trademarks and copyrights. This is …
China’s National Intellectual Property Administration Releases Guidelines for Intellectual Property Protection at Exhibitions
On July 22, 2022, China’s National Intellectual Property Administration (CNIPA) released the Guidelines for Intellectual Property Protection at Exhibitions (展会知识产权保护指引). The Guidelines allow for setting up a workstation at an exhibition to accept intellectual property infringement complaints, provide judgement opinions on same, transfer evidence to relevant law enforcement departments, etc. If a respondent doesn’t not reply to a complaint within 24 hours of receipt, the complaint of infringement was confirmed via valid legal documents, or respondent admits infringement, the exhibition …
China’s State Administration for Market Regulation Introducing Compulsory Licensing Regime with Draft Provisions on Prohibiting the Abuse of Intellectual Property Rights to Exclude and Restrict Competition?
On June 27, 2022, the State Administration for Market Regulation released the Provisions on Prohibiting the Abuse of Intellectual Property Rights to Exclude and Restrict Competition (Draft for Comments) (禁止滥用知识产权排除、限制竞争行为规定（征求意见稿)). The Draft, which is meant to implement the Anti-Monopoly Law (the most recent version of which comes into force August 1, 2022), defines markets, adds a provision on using intellectual property to form a monopoly with others, strengthens legal liability with fines up to 10% of last year’s sales, and …