On January 20, 2025, the European Union (EU) has filed a second request for consultations at the World Trade Organization (WTO) aiming to remove allegedly “unfair and illegal trade practices by China in the sphere of intellectual property.” Specifically, in DS632, the EU states that Chinese courts have set worldwide royalty rates for standard essential patents (SEPs) without consent of both parties. The Request cites a November 28, 2023 decision setting worldwide licensing rates in the Nokia/Oppo case. Not mentioned …
Category: Patents
China’s National Intellectual Property Administration Launches Belt and Road Patent Accelerated Examination Pilot Program
On January 17, 2025, China’s National Intellectual Property Administration (CNIPA) released the “Guidelines for the Belt and Road Accelerated Examination Pilot Program” (“一带一路”专利加快审查试点项目指南), effective January 20, 2025. The Belt and Road initiative is a global infrastructure program launched by China to invest in land and sea corridors to connect China to the world. The Pilot Program, which is somewhat analogous to the Patent Prosecution Highway (PPH), allows for accelerated patent examination in China when a Belt and Road country’s patent …
China’s National Intellectual Property Administration Issues Guidelines for Patent Applications for AI-Related Inventions
On December 31, 2024, China’s National Intellectual Property Administration (CNIPA) issued the Guidelines for Patent Applications for AI-Related Inventions (Trial Implementation) (人工智能相关发明专利申请指引(试行)). The Guidelines follow up on CNIPA’s draft for comments issued December 6, 2024 in which only a week for comments were provided. The short comment period implied CNIPA did not actually want comments and is in contravention of the not-yet-effective Regulations on the Procedures for Formulating Regulations of the CNIPA (国家知识产权局规章制定程序规定(局令第83号)) requiring a 30-day minimum comment period. Highlights …
China’s Supreme People’s Court Issues First Anti-Anti-Suit Injunction in Huawei v. Netgear
Following Huawei obtaining two anti-anti-suit injunctions (AASI) against Netgear on December 11, 2024 at the Unified Patent Court’s Munich Local Division and the Munich I Regional Court, China’s Supreme People’s Court also awarded an AASI in favor of Huawei against Netgear in a decision dated December 22, 2024. This is believed to be the first AASI issued by a Chinese court.