China’s National People’s Congress has published an English translation of the amended Seed Law of the People’s Republic of China. The current amendment was adopted at the 32nd Meeting of the Standing Committee of the Thirteenth National People’s Congress on December 24, 2021 and went into effect March 1, 2022. With respect to intellectual property, the amended Seed Law revised Article 28 to add the explicit right to license a new plant variety right to others and to add to …
Category: New Law, Rule or Implementing Regulation
China’s Supreme People’s Court Adjusts Jurisdiction of their IP Tribunal
Effective November 1, 2023, the IP Tribunal of China’s Supreme People’s Court will no longer hear appeals involving utility model patents, technical trade secrets and computer software unless the appeal is against a first-instance judgement issued by a high court. The IP Tribunal will retain its jurisdiction on (1) second-instance civil and administrative appeal cases involving ownership and infringement disputes on invention patents, new plant varieties, integrated circuit layout design, as well as (2) administrative appeal cases involving disputes derived …
Hangzhou Issues “Implementation Rules of Hangzhou Municipal Intellectual Property Special Fund Allocation Factors” To Subsidize Foreign IP Litigation
On October 27, 2023, the Hangzhou Municipal Administration for Market Regulation issued the “Implementation Rules of Hangzhou Municipal Intellectual Property Special Fund Allocation Factors.” The Rules are effective immediately and provide funding for domestic and foreign IP litigation, IP financing, whistleblower rewards for reporting IP violations, monetary rewards for winning national and provincial patent medals, etc.
Shenzhen Proposes Ending Patent Grant Subsidies Two Years Early
On September 26, 2023 the Shenzhen Municipal Administration for Market Regulation released the Operation Rules for Special Funds in the Field of Intellectual Property Rights of the Shenzhen Municipal Administration for Market Regulation (Revised Draft for Comments) (深圳市市场监督管理局知识产权领域专项资金操作规程(修订征求意见稿)) proposing to eliminate financial subsidies/rewards for grants of both Chinese and foreign patents by the end of 2023. However, other local and national market distorting incentives remain.