On May 18, 2021, the Center for Drug Evaluation of China’s National Medical Products Administration has issued the “Notice on the public testing of the patent information registration platform related to the early settlement mechanism of drug patent disputes and other related matters” (关于药品专利纠纷早期解决机制相关专利信息登记平台公开测试等有关事宜的通知) opening up China’s patent linkage registration platform (similar to the FDA’s orange book) for testing through May 31, 2021. The registration system is available at: https://zldj.cde.org.cn.
Category: New Law, Rule or Implementing Regulation
China’s National Intellectual Property Administration Releases Draft Amendments to Several Provisions Regarding the Regulation of Patent Applications
On May 6, 2021, China’s National Intellectual Property Administration (CNIPA) released Draft Amendments to Several Provisions Regarding the Regulation of Patent Applications for comment (关于规范申请专利行为的若干规定修改草案(征求意见稿)). The Amendments aim to supplement and improve the definition of irregular (i.e., low-quality) patent applications; to clearly stipulate the examination procedures for irregular patent applications; and to update and improve the relevant handling measures for irregular patent applications. Note that Article 3(5) may limit the ability of IP-holding companies to file Chinese patent applications depending …
China’s National People’s Congress Releases English Translation of Civil Code Including Intellectual Property Law Articles
China’s National People’s Congress has recently released a translation of the Civil Code, which includes several intellectual property (IP) law related articles. Some of IP-related articles cover punitive damages for intellectual property infringement (Article 1185), the right of publicity (Articles 989 – 1001), and technology development and transfer (Articles 843 – 887). The IP-related articles are reproduced below for public record and ease of search. The full text in English is available here: Civil Code. The original Chinese text is …
China’s Supreme People’s Court Releases 5-Year Intellectual Property Judicial Protection Plan
On April 22, 2021, China’s Supreme People’s Court issued the The People’s Court Intellectual Property Judicial Protection Plan (2021-2025) (人民法院知识产权司法保护规划 (2021-2025年)) for implementation by lower courts throughout China. The Plan lists 5 main points: General Requirements (e.g., guiding ideology of Xi Jinping Thought); Giving full play to the functions of intellectual property trials (e.g., efficient litigation); Deepening the reform and innovation in the field of intellectual property trials (e.g., improve IP Courts); Optimizing the working mechanism of intellectual property protection …