On May 1, 2025, China’s State Council released the Regulations on the Protection of New Plant Varieties (中华人民共和国植物新品种保护条例). Major changes in the Regulations include extending the term of variety rights for woody and vine plants from 20 years to 25 years and for other plants from 15 years to 20 years. Further, preliminary examination should be reduced from 6 months to 3 months. China has been emphasizing new plant varieties infringement this year with these Regulations, a 53 million RMB verdict in a new plant …
Category: New Law, Rule or Implementing Regulation
China’s National Intellectual Property Administration Releases RFC for Draft Patent Examination Guidelines Targeting Video Codecs
On April 30, 2025, China’s National Intellectual Property Administration (CNIPA) released a draft amendment for comment of the Patent Examination Guidelines (专利审查指南修改草案 (征求意见)), which is somewhat analogous to the US Patent & Trademark Office’s Manual of Patent Examining Procedure. One of the main proposed changes is the addition of a section tightening examination standards for video codec patent applications. CNIPA explained, in part, that the purpose of the addition was to “provide the right holder with the option of claiming …
China’s Supreme People’s Court and Supreme People’s Procuratorate Issue Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Intellectual Property Infringement
On April 24, 2025, China’s Supreme People’s Court (SPC) and Supreme People’s Procuratorate (SPP) jointly issued the Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Intellectual Property Infringement (关于办理侵犯知识产权刑事案件适用法律若干问题的解释). The Interpretation clarifies trademark crimes, patent counterfeiting, copyright crimes, trade secret misappropriation, and common issues arising in IP crimes (e.g., heavier or reduced sentences). The Interpretation is effective as of April 26, 2025.
China’s State Administration for Market Regulation Releases RFC for Regulations on the Protection of Trade Secrets
On April 25, 2025, China’s State Administration for Market Regulation (SAMR) released the draft Regulations on the Protection of Trade Secrets for comment (商业秘密保护规定(征求意见稿)). Comments are due May 25, 2025. This draft updates the 1998 version with necessary revisions due to the march of technology. As explained by SAMR: The revision and promulgation of the “Regulations on the Protection of Trade Secrets” is an urgent need to adapt to the new situation and new challenges of trade secret protection. With …