China Issues 115 Point Outline for Building a Powerful Intellectual Property Country

Posted on Categories New Law, Rule or Implementing Regulation

On January 4, 2022, the China National Intellectual Property Administration (CNIPA) published the 2021-2022 Outline for Building a Powerful Intellectual Property Country and the Annual Promotion Plan for the Implementation of the 14th Five- Year Plan (知识产权强国建设纲要和“十四五”规划实施年度推进计划) comprising 115 points in 7 categories. The categories include improving the intellectual property system (i.e., amending the Anti-Monopoly Law); strengthening the protection of intellectual property rights (i.e., formulate interpretations re punitive damages in civil IP cases); improving the operating mechanism of the intellectual property market …

CNIPA’s draft Patent Examination Guidelines – what is coming down the pipeline?

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

This article originally appeared in IAM here. By Aaron Wininger, Austin Chang and Carol Wininger On 3 August 2021 the China National Intellectual Property Administration (CNIPA) released its Draft Revised Patent Examination Guidelines. These update CNIPA’s current guidelines based on the newly amended Patent Law, which came into effect on 1 June 2021. The guidelines, which are somewhat analogous to the USPTO Manual of Patent Examining Procedure, detail important changes to Chinese patent law. They suggest that in the near future, CNIPA may …

China’s New Guidelines for Trademark Examination and Trial Elaborate on Malicious Trademark Applications

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

China’s National Intellectual Property Administration  (CNIPA) released the Guidelines for Trademark Examination and Trial (商标审查审理指南) on November 22, 2021, effective January 1, 2022.  The Guidelines, which are somewhat analogous to the U.S. Patent & Trademark Office’s (USPTO’s) Trademark Manual of Examining Procedure, explains the Trademark Law’s Article 4, which states, in part, “malicious trademark registration applications that are not intended for use shall be rejected” by providing 10 factors to identify malicious applications.  These new Guidelines and other measures, such …

China to Revoke Patent Agencies’ Licenses for Filing Abnormal Patent Applications

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

On November 10, 2021, the China National Intellectual Property Administration (CNIPA) released the Notice of the CNIPA on Further Severely Cracking Down on Abnormal Patent Application Agency Acts (国家知识产权局关于进一步严厉打击非正常专利申请代理行为的通知).  CNIPA will halt  new business intake or even revoke licenses of patent agencies that file relatively large amounts of abnormal (also translated as irregular) patent applications. Previously, Chinese patent agencies have been warned and fined such as a Shenzhen firm that was recently fined 50,000 RMB for filing a total of …