On April 21, 2022, China’s Supreme People’s Court (SPC) released the Several Provisions of the Supreme People’s Court on Jurisdiction of Intellectual Property Cases of First Instance (关于第一审知识产权民事、行政案件管辖的若干规定).
Category: New Law, Rule or Implementing Regulation
China’s National Intellectual Property Administration Issues Notice on Continuing to Severely Crack Down on Malicious Registration of Trademarks
On April 12, 2022, China National Intellectual Property Administration (CNIPA) issued the “Notice of the CNIPA on Continuing to Severely Crack Down on Malicious Registration of Trademarks” (国家知识产权局关于持续严厉打击商标恶意注册行为的通知). Among the highlights of the Notice include the listing of 10 illegal behaviors to be cracked down on and the elimination of awards or subsidies for trademark applications (including Madrid applications). This follows earlier crackdowns such as the cancellation of maliciously registered Olympic-related trademarks ex officio in February.
China’s Supreme People’s Court Issues Judicial Interpretation of Anti-Unfair Competition Law
On March 16, 2022, China’s Supreme People’s Court issued the Judicial Interpretation (JI) of Anti-Unfair Competition Law (UCL) (最高人民法院关于适用〈中华人民共和国反不正当竞争法〉若干问题的解释), which will go into effect March 20, 2022. The Anti-Unfair Competition Law has been used effectively by foreigners in trademark and trade dress cases when the foreigners’ trademarks have not been registered (or in addition to a trademark infringement claim for a registered trademark). Per a press conference held by the Third Civil Division of the Supreme People’s Court, one of …
China to Grade Patent Agencies and Agents per Administrative Measures for the Credit Evaluation of Patent Agents (for Trial Implementation)
On January 28, 2022, the China National Intellectual Property Administration (CNIPA) released the Administrative Measures for the Credit Evaluation of Patent Agents (for Trial Implementation) (专利代理信用评价管理办法(试行)), which will grade Chinese patent agencies and agents. Grades will be based on per capita agency volume of patent filings and filing of abnormal patent applications with bonus points for reporting wrongdoing. The trial is being piloted in Hebei Province, Jiangsu Province, Hunan Province, and Sichuan Province.