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 …
Category: New Law, Rule or Implementing Regulation
China’s State Council Releases 2024 Legislative Work Plan
On May 9, 2024, China’s General Office of the State Council issued the State Council 2024 Legislative Work Plan (国务院2024年度立法工作计划). The Plan mentions 21 legal bills to be submitted to the Standing Committee of the National People’s Congress for review, 30 administrative regulations to be formulated and revised, and other legislative projects to be completed.
China’s Supreme People’s Court Releases Working Procedures for the Construction and Operation of the People’s Court Case Database
On May 7, 2024, China’s Supreme People’s Court (SPC) released the Working Procedures for the Construction and Operation of the People’s Court Case Database (人民法院案例库建设运行工作规程). While China is not a common law country, the SPC stated that judges must search the database and rule in alignment with similar cases in the database to avoid different rulings in cases having the same facts. The Working Procedures explain how cases are added to the database and how judges should use the database …
Shanghai to Subsidize Construction of Standard Essential Patent Pools
On April 22, 2024, the Pudong District of Shanghai, China released the Pudong New Area Science and Technology Development Fund Intellectual Property Funding Special 2024 Application Guide (浦东新区科技发展基金知识产权资助专项2024年度申报指南), which includes funding for the establishment of standard essential patent (SEP) pools. Fourteen other funding measures are also available including up to 2 million RMB for foreign invention patent funding/entity and foreign intellectual property rights enforcement.