Despite China planning to cancel all patent subsidies by 2025, some jurisdictions are still issuing substantive patent subsidies and rewards for domestic and foreign patent grants. Specifically, Haining, near Shanghai, recently released their Implementation Rules for the Management of Special Funds for Intellectual Property Rights in Haining City (海宁市知识产权专项资金管理实施细则公示). Per a 2021 USPTO report on Chinese non-market factors influencing IP trends, China had reportedly adopted more than 70 subnational trademark subsidy measures, including measures for domestic and foreign applications and …
Category: New Law, Rule or Implementing Regulation
China Releases the Plan for Promoting the Construction of a Powerful Intellectual Property Country in 2024
On May 16, 2024, China’s Office of the Inter-Ministerial Joint Meeting for the Building of a Powerful Intellectual Property (IP) Nation (国家知识产权强国建设工作部际联席会议办公室) released the Plan for Promoting the Construction of a Powerful Intellectual Property Country in 2024 (2024年知识产权强国建设推进计划). Among other points, the 110-point Plan covers exploring the use of AI in IP examination, promoting amending IP legislation, improving patent examination, cracking down on bad faith IP filings, and a shout-out to the upcoming AIPPI meeting in Hangzhou.
China’s National Intellectual Property Administration to Revise Patent Certificates
Published on May 16, 2024 and effective June 1, 2024, China’s National Intellectual Property Administration (CNIPA) issued the Announcement of the State Intellectual Property Office on the Revision of Patent Certificates (No. 581) (国家知识产权局关于专利证书改版的公告（第581号)). Per CNIPA, the “new version of the patent certificate follows the A4 vertical format, and optimizes and adjusts the layout of the recorded matters.” Based on samples provided by CNIPA, it appears that the new version will include both the applicant(s) and the inventor(s) at the …
China’s State Administration for Market Regulation Releases Interim Provisions on Anti-Unfair Competition on the Internet
On May 6, 2024, China’s State Administration for Market Regulation (SAMR) announced the Interim Provisions on Anti-Unfair Competition (AUCL) on the Internet (网络反不正当竞争暂行规定) effective September 1, 2024. The AUCL has been an effective tool for foreigners to enforce their unregistered trademarks in China. The new Provisions clarify how the AUCL applies to the Internet. The Provisions not only cover data scraping (that may affect collecting training date for generative AI) and fabricated reviews, but also covers more traditional intellectual property …