China’s Supreme People’s Court published on September 11, 2020 (effective September 12) the Provisions on Several Issues Concerning the Application of Law in the Trial of Administrative Cases Concerning Patent Grant and Confirmation (1) (最高人民法院关于审理专利授权确权行政案件适用法律若干问题的规定（一）). The provisions clarify administrative litigation issues for Patent Reexamination Board decisions – both invalidations of granted patents and reexamination of finally rejected patent applications (similar to patent application appeals at the U.S. Patent & Trademark Office).
Category: New Law, Rule or Implementing Regulation
China and EU Sign Agreement to Protect Each Other’s Geographic Indications
On September 14, 2020, the European Union (EU) and China signed a bilateral agreement to protect 100 European Geographical Indications (GIs) in China and 100 Chinese GIs in the European Union against usurpation and imitation. A GI is a distinctive sign used on products that have a specific geographic origin and possess qualities or a reputation that are due to that origin. Following the signature of the agreement and the European Parliament consent, it will officially be adopted by the …
China’s Supreme People’s Court Releases Opinions on Increasing Sanctions for Intellectual Property Infringement
The Supreme People’s Court of the People’s Republic of China released the “Opinions on Increasing the Punishment of Intellectual Property Infringement Acts According to Law” (关于依法加大知识产权侵权行为惩治力度的意见) on September 15, 2020. The opinions confirm the primacy of injunctions and potentially increases the amount of monetary damages typically awarded. The opinions also cover strengthening evidence preservation and increasing criminal enforcement of the intellectual property laws. Notably, the opinions amend Article 20 (now Article 15) from the draft opinions by removing a foreigner-targeted clause, …
China to Allow Foreigners to Take Chinese Patent Bar Exam
On August 12, 2020, China’s Ministry of Commerce (MofCom) released the “Overall Plan for Comprehensive Deepening of the Service Trade Pilot Program” (全面深化服务贸易创新发展试点总体方案). For the first time, foreigners will be allowed to take the Chinese patent bar exam and, if passed, receive a patent agent qualification certificate. With the certificate, foreigners can work at Chinese patent agencies as well as become partners/shareholders in Chinese patent agencies.