China’s State Administration for Market Regulation Releases Updated Regulations on Prohibiting Abuse of Intellectual Property Rights to Exclude and Restrict Competition

Posted on Categories New Law, Rule or Implementing Regulation, Unfair Competition

On November 3, 2020, China’s State Administration for Market Regulation released the Regulations on prohibiting abuse of intellectual property rights to exclude and restrict competition (关于禁止滥用知识产权排除、限制竞争行为的规定).  Originally released in 2015, the Regulations were mainly amended October 23, 2020 to remove the exemption for price fixing behaviors as a monopolistic behavior covered by the regulations.

China’s Supreme People’s Court Releases Draft Patent Linkage Litigation Regulations

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

On October 29, 2020, in follow up the approval of the amended Patent Law introducing Patent Linkage, China’s Supreme People’s Court released the Draft Regulations on Several Issues Concerning the Application of Law in the Trial of Civil Cases Involving Patent Linkage (关于审理涉药品上市审评审批专利民事案件适用法律若干问题的规定) (征求意见稿)).  Earlier this year, before the approval of the amended Patent Law, China’s  National Medical Products Administration (NMPA) and the China National Intellectual Property Administration (CNIPA) jointly issued the draft Implementing Measures for Drug Patent Dispute Early Resolution Mechanism (Trial …

Chinese Applicants Will Soon be Able to Select the European Patent Office as Search Authority in PCT Applications

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

The European Patent Office (EPO) and the China National Intellectual Property Administration (CNIPA) jointly announced on October 20, 2020 that Chinese applicants will be able to select the EPO as International Search Authority (ISA) in Patent Cooperation Treaty (PCT) applications in a 2-year pilot program.  Currently, Chinese applicants can only select CNIPA as ISA for their PCT applications.  The pilot, which starts on December, 1, 2020, will be limited to a total of 2,500 applications in the first 12 months …

Top 5 Changes in China’s Newly Amended Patent Law

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

Per the “Decision of the Standing Committee of the National People’s Congress on Amending the ‘Patent Law of the People’s Republic of China’” (全国人民代表大会常务委员会关于修改〈中华人民共和国专利法〉的决定), China’s National People’s Congress has decided to amend China’s Patent Law.  The amendments will go into effect June 1, 2021.  The top five changes include increased patent term and damages, among other changes.