On November 2, 2023, China’s National Intellectual Property Administration released the Guidelines on Subject Matter Eligibility of Utility Model Patents (关于实用新型专利保护客体判断的指引). Utility model patents (UMs) are one of the three types of patents in China, the others being design and invention (similar to U.S. utility patents). UMs do not undergo substantive examination and therefore tend to grant quickly. However, the subject matter of UMs is limited to the “shape, structure or combination of a product that is suitable for practical …
Category: New Law, Rule or Implementing Regulation
China’s National People’s Congress Releases Translation of Criminal Law Including IP Provisions
China’s National People’s Congress has recently released a translation of China’s Criminal Law, which includes many Intellectual Property provisions. The Criminal Law was most recently amended at 24th Meeting of the Standing Committee of the Thirteenth National People’s Congress on December 26, 2020 and went into force on March 1, 2021. The amendments increase the maximum sentencing term for IP crimes and also add a new article somewhat similar to the US’ Economic Espionage Act potentially in effect if not …
China’s National People’s Congress Publishes Translation of the Seed Law
China’s National People’s Congress has published an English translation of the amended Seed Law of the People’s Republic of China. The current amendment was adopted at the 32nd Meeting of the Standing Committee of the Thirteenth National People’s Congress on December 24, 2021 and went into effect March 1, 2022. With respect to intellectual property, the amended Seed Law revised Article 28 to add the explicit right to license a new plant variety right to others and to add to …
China’s Supreme People’s Court Adjusts Jurisdiction of their IP Tribunal
Effective November 1, 2023, the IP Tribunal of China’s Supreme People’s Court will no longer hear appeals involving utility model patents, technical trade secrets and computer software unless the appeal is against a first-instance judgement issued by a high court. The IP Tribunal will retain its jurisdiction on (1) second-instance civil and administrative appeal cases involving ownership and infringement disputes on invention patents, new plant varieties, integrated circuit layout design, as well as (2) administrative appeal cases involving disputes derived …