On March 16, 2022, China’s Supreme People’s Court issued the Judicial Interpretation (JI) of Anti-Unfair Competition Law (UCL) (最高人民法院关于适用〈中华人民共和国反不正当竞争法〉若干问题的解释), which will go into effect March 20, 2022. The Anti-Unfair Competition Law has been used effectively by foreigners in trademark and trade dress cases when the foreigners’ trademarks have not been registered (or in addition to a trademark infringement claim for a registered trademark). Per a press conference held by the Third Civil Division of the Supreme People’s Court, one of …
Category: New Law, Rule or Implementing Regulation
China to Grade Patent Agencies and Agents per Administrative Measures for the Credit Evaluation of Patent Agents (for Trial Implementation)
On January 28, 2022, the China National Intellectual Property Administration (CNIPA) released the Administrative Measures for the Credit Evaluation of Patent Agents (for Trial Implementation) (专利代理信用评价管理办法(试行)), which will grade Chinese patent agencies and agents. Grades will be based on per capita agency volume of patent filings and filing of abnormal patent applications with bonus points for reporting wrongdoing. The trial is being piloted in Hebei Province, Jiangsu Province, Hunan Province, and Sichuan Province.
China’s National Intellectual Property Administration Issues Notice on Continuing and Strictly Regulating Patent Application Behavior
On January 25, 2022, the China National Intellectual Property Administration (CNIPA) issued the Notice on Continuing and Strictly Regulating Patent Application Behavior (国家知识产权局关于持续严格规范专利申请行为的通知) to further crack down on irregular (abnormal) Chinese patent applications. In December 2021, CNIPA announced it had determined that about 815,000 patent applications were irregular so far in 2021.
China’s National Intellectual Property Administration Announces Rapid 20-Day Trademark Application Examination Program
On January 18, 2022, the China National Intellectual Property Administration (CNIPA) released the Measures for Rapid Examination of Trademark Applications (for Trial Implementation) (商标注册申请快速审查办法（试行)) that provides for examination of certain trademark applications within 20 days of approval of a request to participate. The Measures are effective immediately.