On April 10, 2024 China’s National Intellectual Property Administration (CNIPA) issued the Annual Work Guidelines for Promoting High-Quality Development of Intellectual Property Rights (2024) (推动知识产权高质量发展年度工作指引(2024)). Per CNIPA, the Guidelines were formulated to “further improve intellectual property work in 2024 and accelerate the promotion of high-quality development of intellectual property.” The main objectives of the Guidelines include improving the quality of patent applications; increase patent conversion; improve patent enforcement including guidance for overseas intellectual property disputes; improve provincial and local government …
Category: Patents
China’s Supreme People’s Court Releases Summary of IP Judgements for 2023
On February 23, 2024 China’s Supreme People’s Court (SPC) released the Supreme People’s Court Summary of Intellectual Property Court Judgments (2023) (最高人民法院知识产权法庭裁判要旨摘要(2023)). Per the SPC, the summary was formed “to highlight the judicial concepts, trial ideas, and adjudicative methods of the Intellectual Property Tribunal of the Supreme People’s Court in technical intellectual property rights and monopoly cases.” The Tribunal selected 96 cases from the 4,562 cases concluded in 2023, and summarized 104 key points as follows.
IP Tribunal of the Supreme People’s Court Releases Top 10 Influential Cases at 5-Year Anniversary of Founding
On February 23, 2024, in honor of the firth anniversary of the establishment of the Intellectual Property Tribunal of China’s Supreme People’s Court (IPC), released a list of Top Ten Influential Cases. The Cases cover various technologies and areas of law including trade secret misappropriation, plant variety infringement, patent linkage and invention patent infringement.
China’s Supreme People’s Court Clarifies Conditions Needed to Prove Patent Infringement Lawsuit Filed in Bad Faith
In a decision decided August 10, 2023 and partially published January 9, 2024, the Supreme People’s Court (SPC) clarified when a patent infringement lawsuit is determined to be in bad faith. The Supreme People’s Court held that the following elements should be satisfied for determining an intellectual property rights action is brought in bad faith: (1) the action brought obviously lacks a right basis or factual basis; (2) the plaintiff is aware of the fact; (3) the action has caused …