On November 22, 2022, China’s State Administration for Market Regulation (SAMR) released the Anti-Unfair Competition Law of the People’s Republic of China ( Revised Draft for Comments ) (中华人民共和国反不正当竞争法（修订草案征求意见稿)). The Draft mainly focuses on the digital economy with a new article 4 stating “Operators must not use data and algorithms, technology, capital advantages, and platform rules to engage in unfair competition.” Articles focusing on trade secrets and other areas are also added.
Category: New Law, Rule or Implementing Regulation
China’s Supreme People’s Court Releases Draft Judicial Interpretation of Anti-Monopoly Civil Procedures for Comment
On November 18, 2022, China’s Supreme People’s Court (SPC) released an announcement soliciting public opinion on on the Draft Judicial Interpretation of Anti-Monopoly Civil Procedures (关于反垄断民事诉讼司法解释稿向社会公开征求意见的公告). The Draft includes an article on reverse payments for generic pharmaceuticals and so may be of interest to foreign pharmaceutical companies facing potential competition from generics on patented pharmaceuticals. The SPC stated it is releasing this draft to “strengthen the anti-monopoly judiciary, to hear monopoly civil dispute cases in a fair and efficient manner …
China’s National Intellectual Property Administration Releases New Draft of the Patent Examination Guidelines
On October 31, 2022, China’s National Intellectual Property Administration (CNIPA) released another draft of the Patent Examination Guidelines, which is somewhat analogous to the US Patent & Trademark Office’s (USPTO) Manual of Patent Examining Procedure (MPEP). Some highlights include explaining how patent term adjustment and patent term extension will work; providing for partial designs; late priority claims; and deletes the 15-day mail delay for electronically-delivered documents. Comments are due December 15, 2022, which may enable CNIPA to meet its target …
China to Add Statement of Use Requirement for Trademarks?
In the Letter of the China National Intellectual Property Administration (CNIPA) in Reply to Recommendation No. 2505 of the Fifth Session of the Thirteenth National People’s Congress, CNIPA proposed to require a filing of a statement of use in trademark applications. CNIPA would be able to revoke trademarks ex-officio for failure to use.