On October 27, 2023, the Hangzhou Municipal Administration for Market Regulation issued the “Implementation Rules of Hangzhou Municipal Intellectual Property Special Fund Allocation Factors.” The Rules are effective immediately and provide funding for domestic and foreign IP litigation, IP financing, whistleblower rewards for reporting IP violations, monetary rewards for winning national and provincial patent medals, etc.
Category: New Law, Rule or Implementing Regulation
Shenzhen Proposes Ending Patent Grant Subsidies Two Years Early
On September 26, 2023 the Shenzhen Municipal Administration for Market Regulation released the Operation Rules for Special Funds in the Field of Intellectual Property Rights of the Shenzhen Municipal Administration for Market Regulation (Revised Draft for Comments) (深圳市市场监督管理局知识产权领域专项资金操作规程(修订征求意见稿)) proposing to eliminate financial subsidies/rewards for grants of both Chinese and foreign patents by the end of 2023. However, other local and national market distorting incentives remain.
China’s Cyberspace Administration Proposes Loosening Restrictions on Cross-Border Data Flows
On September 28, 2023, the Cyberspace Administration of China proposed relaxing restrictions on cross-border data flows in the Regulations to Standardize and Promote Cross-Border Data Flows (Draft for Comment) (规范和促进数据跨境流动规定（征求意见稿)). According to the Draft Regulations, sending some Chinese data abroad will no longer require a data export security assessment. However, some terms in the Draft lack clarity.
China’s National Intellectual Property Administration Issues Draft Regulations on the Protection of Geographical Indication Products for Comment
On September 18, 2023, China’s National Intellectual Property Administration (CNIPA) issued the Draft Regulations on the Protection of Geographical Indication Products for Comment (地理标志产品保护规定（征求意见稿)). The Draft moves the examination and approval process from the General Administration of Quality Supervision, Inspection and Quarantine to the CNIPA, introduces a good faith requirement and adds a detailed examination process.