USPTO Releases Report on Distortions Caused by Chinese Monetary Incentives for U.S. Filings

Posted on Categories Patents, Trademarks

On January 13, 2021, the United States Patent & Trademark Office (USPTO) released a report entitled Trademarks and patents in China: The impact of non-market factors on filing trends and IP systems.  The report covers patent and trademark filing trends in China and the United States and the non-markets factors (i.e., money) behind the filing trends.  For example, China has reportedly adopted more than 70 subnational trademark subsidy measures, including measures for domestic and foreign applications and registrations. Further, all …

Accusation of Chinese Patent Infringement Leads to Slander Lawsuit Victory

Posted on Categories Case, Patents

In what can only be considered a really bad business decision, before the filing of a patent infringement lawsuit, Zhejiang KoBach Kitchenware Co., Ltd. (跳转至浙江巴赫厨具有限公司) accused Zhejiang Supor Co., Ltd. (浙江苏泊尔股份有限公司) of patent infringement in a full page advertisement in the Yangcheng Evening News on October 21, 2019. In response, on November 21, 2019, Supor filed a lawsuit accusing KoBach of  commercial slander.  On January 5, 2021, the Hangzhou Intermediate Court released a decision (dated December 14, 2020) ruling in …

China to Allow Foreign Patent Firms to Open in 3-Year Pilot Program

Posted on Categories New Law, Rule or Implementing Regulation, Patents

On December 25, 2020, the China National Intellectual Property Administration (CNIPA) announced (国知办函运字〔2020〕1154号) a 3-year pilot program to allow foreign patent firms to open up representative offices in Beijing and Jiangsu province.  This is somewhat similar to what is already permitted for foreign law firms.

The China National Intellectual Property Administration Releases Guiding Cases for Administrative Enforcement of Intellectual Property Rights

Posted on Categories Case, Patents, Trademarks

On December 15, 2020, the China National Intellectual Property Administration (CNIPA) released the First Batch of Guiding Cases for Administrative Enforcement of Intellectual Property Rights (第一批知识产权行政执法指导案例).  Administrative enforcement enables rights holders in China to petition administrative agencies to enforce their rights including issuing injunctions, seizing and destroying infringing goods and manufacturing equipment, and imposing fines on infringers.  The First Batch includes 5 guiding cases for administrative enforcement of patents, trademarks, and integrated circuit layout designs.