On November 8, 2021, the city of Sanya in Hainan publicized the new Sanya City Intellectual Property Funding Management Measures (三亚市知识产权资助金管理办法) effective December 1, 2021. This is despite the China National Intellectual Property Administration‘s (CNIPA) push to end all patent subsidies by 2025 as announced in the Notice of the CNIPA on Further Strictly Regulating Patent Application Behavior. Sanya will grant up to 300,000 RMB (~47 thousand USD) for trademarks and up to 500,000 RMB for patents.
Category: New Law, Rule or Implementing Regulation
China Issues Draft Administrative Measures Allowing Foreign Patent Agencies to Open Representative Offices
On October 26, 2021, the China National Intellectual Property Administration (CNIPA) issued the Administrative Measures for the Establishment of Permanent Representative Offices in China by Foreign Patent Agencies (Draft for Comment) (外国专利代理机构在华设立常驻代表机构管理办法（征求意见稿)). The draft Measures will allow foreign patent agencies to open up representative offices in China (as distinct from foreign law firms, which are already allowed to open up representative offices). However, unlike trademark agencies opened by many foreign firms, patent representative offices will not be allowed to prosecute …
China’s National Intellectual Property Administration to Cease Issuing Paper Trademark Certificates
As announced on October 12, 2021, China’s National Intellectual Property Administration (CNIPA) will cease issuing paper trademark certificates from January 1, 2022. Registrants can instead download an electronic version. From October 15, 2021 to December 31, 2021, CNIPA will issue both paper and electronic registration certificates during this transitional period. This follows last year’s announcement that CNIPA would cease issuing paper patent certificates.
Shanghai, China’s Municipal People’s Congress Proposes Fining Irregular Patent Application Applicants Up To 150,000 RMB
On September 30, 2021, the Shanghai Municipal People’s Congress issued the draft Several Provisions on the Establishment of a High-level Intellectual Property Protection System in Pudong New Area, Shanghai (上海市浦东新区建立高水平知识产权保护制度若干规定（草案征求意见稿）). Article 6 of the Provisions proposes to increase punishment for irregular (or abnormal) patent applications and malicious trademark applications to up 150,000 RMB ($23,280 USD) and 50,000 RMB respectively. The Provisions also provide for IP protections at exhibitions, specify increased punitive damages for intentional infringement as well as fines for …