China’s National Intellectual Property Administration to Revise Patent Certificates

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

Published on May 16, 2024 and effective June 1, 2024, China’s National Intellectual Property Administration (CNIPA) issued the Announcement of the State Intellectual Property Office on the Revision of Patent Certificates (No. 581) (国家知识产权局关于专利证书改版的公告(第581号)). Per CNIPA, the “new version of the patent certificate follows the A4 vertical format, and optimizes and adjusts the layout of the recorded matters.” Based on samples provided by CNIPA, it appears that the new version will include both the applicant(s) and the inventor(s) at the …

China’s Supreme People’s Court Releases Summary of the Supreme People’s Court’s Annual Report on Legal Application in Intellectual Property Cases (2023)

Posted on Categories Case, Patents, Trademarks

On April 24, 2024, China’s Supreme People’s Court (SPC) released the Summary of the Supreme People’s Court’s Annual Report on Legal Application in Intellectual Property Cases (2023) (最高人民法院知识产权案件法律适用问题年度报告(2023)摘要).  The annual report “sorts out the following 41 legal application issues from the intellectual property cases concluded by the Supreme People’s Court in 2023.”  While not black letter law in the common law sense, the judgements may be intended to be influential among lower courts.

China’s National Intellectual Property Administration Releases Typical Cases of Administrative Enforcement – Patent

Posted on Categories Case, Design Patent, Patents

On April 26, 2024, China’s National Intellectual Property Administration (CNIPA) released the 2023 Typical Cases of Administrative Enforcement (2023年度知识产权行政保护典型案例). The 30 cases covers patents, trademarks and geographical indications. Administrative enforcement in China provides an alternative to enforcement through the court system and can be faster and less expensive than going to trial. However, while damages are unavailable defendants can be fined.

USTR Releases 2024 Special 301 Report on IP Protection – China Remains on the Priority Watch List

Posted on Categories Copyright, Design Patent, Patents, Trade Secrets, Trademarks

On April 25, 2024, the Office of the United States Trade Representative (USTR) today released its 2024 Special 301 Report on the adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property (IP) rights. China remains on the priority watch list with the USTR stating:  there remain many serious concerns regarding IP protection and enforcement in the People’s Republic of China (PRC).  In 2023, the pace of reforms in the PRC remained slow.  Stakeholders continue to raise …