On September 22, 2021, the Central Committee of the Communist Party of China and the State Council issued the “Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)” (知识产权强国建设纲要（2021－2035年）). The Guidelines set numerical development goals for intellectual property as well as other goals such as “deep participation in global intellectual property governance.”
Category: New Law, Rule or Implementing Regulation
China’s National Intellectual Property Administration Issues Interpretation of Administrative Adjudication of Patent Linkage Measures
On September 18, 2021, the China National Intellectual Property Agency released the Interpretation of “Administrative Adjudication Measures for Early Resolution Mechanisms for Drug Patent Disputes” (《药品专利纠纷早期解决机制行政裁决办法》解读). The Interpretation clarifies some issues in the Measures, including deadlines.
China’s National People’s Congress Releases Translation of the Amended Patent Law
China’s National People’s Congress has recently released a translation of the amended Patent Law. The full text in English is available here. The original Chinese text is available here. The amended Patent Law is effective as of June 1, 2021. Major changes in the Patent Law include increased patent term (e.g., patent term extension and patent term adjustment), patent linkage, and increased damages (longer statute of limitations and punitive damages). For ease of reference, the full English translation is reproduced here.
China to Require Signing of Commitment of Good Faith When Applying for Well-Known Status for Trademarks
Starting from September 1, 2021, both applicants and their trademark agents or agency will need to sign and seal a Letter of Commitment for the Good Faith of the Parties Requesting the Protection of Well-Known Trademarks (当事人请求驰名商标保护诚信承诺书) when requesting well-known status for Chinese trademarks. Well-known status for Chinese trademarks must be requested from the China National Intellectual Property Administration or certain courts and can be useful when squatters are attempting to register or have registered an applicant’s mark.