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.
Category: New Law, Rule or Implementing Regulation
China to Release Revised Implementing Regulations of the Patent Law and the Guidelines for Patent Examination By End of December 2022
On October 28, 2022, the China National Intellectual Property Administration (CNIPA) published the “In-depth implementation of the ‘Opinions on Strengthening Intellectual Property Protection’ promotion plan” (深入实施《关于强化知识产权保护的意见》推进计划) that sets target dates for the release of various regulations and guidelines to clarify how China’s 2021 amendments to the patent law will be implemented. Specifically, CNIPA is targeting the revision of the Implementing Regulations of the Patent Law and the Guidelines for Patent Examination by end of December 2022 “and continue to advance,” …
Foshan, China Government to Subsidize Invalidation of U.S. Patents
On October 19, 2022 the Foshan Intellectual Property Protection Center in Guangdong Province, China, announced that it would provide local enterprises with up to 2 million RMB (~$277 thousand USD) for overseas intellectual property protection. Per the announcement, the updated Measures will subsidize 50% of the cost of IP rights protection with the caps greatly increased. The Measures cover IP litigation (both as plaintiff and defendant), patent invalidation, administrative investigations, and trademark squatting complaints.
China Plans to Extend Patent Agency Credit Rating System Nationwide in Administrative Measures for the Credit Evaluation of Patent Agency (Draft for Public Comment)
On October 8, 2022, the China National Intellectual Property Administration (CNIPA) released the Administrative Measures for the Credit Evaluation of Patent Agency (Draft for Public Comment) (专利代理信用评价管理办法(公开征求意见稿)). The Draft updates and expands the prior trial started in January 2022 that was limited to Hebei Province, Jiangsu Province, Hunan Province, and Sichuan Province. Potential downgrades have increased for filing abnormal patent applications, especially if the abnormal patent applications causes “major international adverse effects.” Unfortunately, this Draft doesn’t apply to Chinese trademark …