On September 30, 2021, the Shanghai Municipal People’s Congress issued the draft Several Provisions on the Establishment of a High-level Intellectual Property Protection System in Pudong New Area, Shanghai (上海市浦东新区建立高水平知识产权保护制度若干规定（草案征求意见稿）). Article 6 of the Provisions proposes to increase punishment for irregular (or abnormal) patent applications and malicious trademark applications to up 150,000 RMB ($23,280 USD) and 50,000 RMB respectively. The Provisions also provide for IP protections at exhibitions, specify increased punitive damages for intentional infringement as well as fines for …
Category: Patents
The Central Committee of the Communist Party of China and the State Council issued the “Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)”
On September 22, 2021, the Central Committee of the Communist Party of China and the State Council issued the “Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)” (知识产权强国建设纲要（2021－2035年）). The Guidelines set numerical development goals for intellectual property as well as other goals such as “deep participation in global intellectual property governance.”
China’s National Intellectual Property Administration Issues Interpretation of Administrative Adjudication of Patent Linkage Measures
On September 18, 2021, the China National Intellectual Property Agency released the Interpretation of “Administrative Adjudication Measures for Early Resolution Mechanisms for Drug Patent Disputes” (《药品专利纠纷早期解决机制行政裁决办法》解读). The Interpretation clarifies some issues in the Measures, including deadlines.
China’s National People’s Congress Releases Translation of the Amended Patent Law
China’s National People’s Congress has recently released a translation of the amended Patent Law. The full text in English is available here. The original Chinese text is available here. The amended Patent Law is effective as of June 1, 2021. Major changes in the Patent Law include increased patent term (e.g., patent term extension and patent term adjustment), patent linkage, and increased damages (longer statute of limitations and punitive damages). For ease of reference, the full English translation is reproduced here.