China Releases the “Plan for Further Implementation of the National Intellectual Property Strategy to Accelerate the Construction of an Intellectual Property Power Country by 2020”

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

On May 15, 2020, the China National Intellectual Property Administration (CNIPA) published the “Plan for Further Implementation of the National Intellectual Property Strategy to Accelerate the Construction of an Intellectual Property Power Country by 2020.”  The plan lists 100 points to accomplish the goal of becoming an “IP Power Country.”  Some of the highlights include eliminating subsidies or rewards for utility model, design and trademark applications; reduce examination time for trademark and patent applications; reduce “abnormal” patent application filings and …

China Launches “Iron Fist” Intellectual Property Law Enforcement Plan for 2020

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

China’s State Administration for Market Regulation (SAMR) recently released its Intellectual Property Law Enforcement Action Plan for 2020 code-named “Iron Fist.”  The key tasks of the plan include strengthening law enforcement for key commodities (e.g., anti-epidemic protective gear); strengthen law enforcement in physical marketplaces; strengthening enforcement in e-commerce; and strengthening law enforcement in the intellectual property application process (e.g., trademark application process). The plan also includes regional cooperation and information sharing with statistics collection.

China Releases Draft Amended Copyright Law With Punitive Damages and Digital Rights Management Articles

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

The National People’s Congress of the People’s Republic of China has recently released Copyright Law of the People’s Republic of China (Draft Amendment) for comment.  Of particular is the availability of punitive damages of up to five times actual damages, an exponential increase in the maximum statutory damages from 500,000 RMB to 5,000,000 RMB (about $708,000 USD), and switching the burden of proof for proving damages.

Beijing Treaty on Audiovisual Performances Comes into Force in China Today, April 28, 2020

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

The first international intellectual property treaty concluded in China and named after one of China’s cities since the founding of the People’s Republic of China, the “Beijing Treaty on Audiovisual Performances” (“Beijing Treaty”) came into effect today, April 28, 2020.  Per the World Intellectual Property Organization (WIPO), “the Treaty is designed to help audiovisual performers – television and film actors, musicians, dancers, and others – many of whom live from job to job in precarious economic circumstances. The Treaty expands …