The National People’s Congress of the People’s Republic of China has recently released Copyright Law of the People’s Republic of China (Draft Amendment) for comment. Of particular is the availability of punitive damages of up to five times actual damages, an exponential increase in the maximum statutory damages from 500,000 RMB to 5,000,000 RMB (about $708,000 USD), and switching the burden of proof for proving damages.
Category: New Law, Rule or Implementing Regulation
Beijing Treaty on Audiovisual Performances Comes into Force in China Today, April 28, 2020
The first international intellectual property treaty concluded in China and named after one of China’s cities since the founding of the People’s Republic of China, the “Beijing Treaty on Audiovisual Performances” (“Beijing Treaty”) came into effect today, April 28, 2020. Per the World Intellectual Property Organization (WIPO), “the Treaty is designed to help audiovisual performers – television and film actors, musicians, dancers, and others – many of whom live from job to job in precarious economic circumstances. The Treaty expands …
Patent Strategies For Expedited Chinese Approval Of Medical Devices
The National Medical Products Administration of China issued special review procedures for innovative medical devices in November 2018, effective December 1, 2018. The procedures enable expedited regulatory approval of innovative medical devices when the applicant owns or licenses Chinese invention patent applications directed to the medical devices seeking approval. Requests for participation in the special review program will be issued within 60 working days and have an opposition period of 10 working days. Once requests are approved, applicants can request …
China National Intellectual Property Administration Confirms Coronavirus Missed Deadline Policies Apply to non-Chinese Applicants
On March 27, 2020, the China National Intellectual Property Administration (CNIPA) confirmed that earlier-announced policies for missed deadlines also apply to foreign entities. Per Announcement 350, patentees and applicants can restore their patent rights without payment of a restoration right request fee if lost rights were due to the coronavirus.