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 …
Category: Patents
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 Supreme People’s Court Releases Summary of the Annual Report on the Application of Law in Intellectual Property Cases (2024) Listing 41 Case-Derived IP Laws
On April 21, 2025, China’s Supreme People’s Court released the Summary of the Annual Report on the Application of Law in Intellectual Property Cases (2024) (全国法院知识产权案件法律适用问题年度报告（2024）摘要) listing 41 laws derived from 2024 IP litigation cases (and 2 from antitrust). While China is not a common law country, China’s SPC regularly releases guiding or typical cases as well as these summaries to promote uniformity to help ensure similar cases are treated consistently across different courts.
EU Loses WTO Challenge Against China’s Anti-Suit Injunctions; Files Appeal
As predicted by ip fray on April 10, 2025, the European Union (EU) has confirmed on April 22, 2025 it lost the World Trade Organization (WTO) proceedings against China over anti-suit injunctions (ASIs) for standard essential patents (SEPs). The EU is appealing. In August 2020, China’s Supreme People’s Court decided that Chinese courts can prohibit patent holders from going to a non-Chinese court to enforce their patents by putting in place an “anti-suit injunction”. The Supreme People’s Court also decided …