China Introduces Proposed Patent Linkage System for Comment

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

On September 11, 2020, 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 for Implementation) (Draft for Public Opinions) (药品专利纠纷早期解决机制实施办法(试行)( 征求意见稿)).  Patent linkage refers to the process by which a country links drug marketing authorization to the status of the patent(s) corresponding to the originator’s product. Typically, marketing authorization for a generic drug will not be granted prior to the expiration …

China’s Supreme People’s Court Releases Provisions on Several Issues Concerning the Application of Law in the Trial of Administrative Cases Concerning Patent Grant and Confirmation

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

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).

China and EU Sign Agreement to Protect Each Other’s Geographic Indications

Posted on Categories New Law, Rule or Implementing Regulation

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

Posted on Categories Copyright, New Law, Rule or Implementing Regulation, Patents, Trade Secrets, Trademarks

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, …