China Releases Draft Measures for Administrative Adjudication of Major Patent Infringement Disputes for Comment

Posted on Categories New Law, Rule or Implementing Regulation, Patents

On March 2, 2021, the China National Intellectual Property Administration (CNIPA) released the Measures for Administrative Adjudication of Major Patent Infringement Disputes (Draft for Solicitation of Comments) 《重大专利侵权纠纷行政裁决办法(征求意见稿)》.  The Measures, supported by Article 70 of the amended Patent Law, provide an alternative to patent litigation to resolve patent infringement disputes in China. However, unlike litigation, no damages are available as a remedy – only injunctions.  The Measures do provide a potential advantage though – speed. CNIPA is supposed to close …

Advice: Delay Filing Chinese Design Patents Until June 1, 2021

Posted on Categories Design Patent, New Law, Rule or Implementing Regulation

China’s newly amended Patent Law goes into effect on June 1, 2021, less than three months away. One of the many significant changes in the Law includes a 50% increase in design patent term from 10 to 15 years.  However, no transitional measures have been released yet and it is likely the increased term will only apply to design applications filed on or after June 1, 2021 and not those filed before June 1 but still pending on June 1, …

EU-China Agreement Protecting Geographical Indications Entered into Force March 1, 2021

Posted on Categories New Law, Rule or Implementing Regulation

The China National Intellectual Property Administration (CNIPA) announced that the China-EU Geographical Indications Agreement went into effect March 1, 2021.  Per the World Intellectual Property Organization (WIPO), “a geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. In addition, the qualities, characteristics or …

China’s Supreme People’s Court Issues Law Interpretation for Intellectual Property Infringement

Posted on Categories Copyright, New Law, Rule or Implementing Regulation, Patents, Trademarks

China’s Supreme People’s Court released and effective on March 3, 2021 the Interpretation of the Supreme People’s Court on the Application of Punitive Damages to the Trial of Civil Cases of Infringement of Intellectual Property Rights (最高人民法院关于审理侵害知识产权民事案件适用惩罚性赔偿的解释) (法释〔2021〕4号). The Interpretation defines when a plaintiff may request punitive damages in civil intellectual property infringement cases; how People’s Courts should determine if punitive damages should be awarded; and how People’s Courts should calculate the amount of punitive damages.  Note that no defenses …