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 …

China’s Supreme People’s Court Releases Top 10 IP Cases of 2023

Posted on Categories Case, Copyright, Patents, Trade Secrets, Trademarks, Unfair Competition

On April 22, 2024, China’s Supreme People’s Court (SPC) released the Top 10 Intellectual Property Cases of 2023 and 50 Typical IP Cases of 2023. While not officially a common law jurisdiction, these cases have “demonstration and guidance functions” for lower courts.  The SPC also released the Top 10 Influential Cases earlier this year.

Shanghai to Subsidize Construction of Standard Essential Patent Pools

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

On April 22, 2024, the Pudong District of Shanghai, China released the Pudong New Area Science and Technology Development Fund Intellectual Property Funding Special 2024 Application Guide (浦东新区科技发展基金知识产权资助专项2024年度申报指南), which includes funding for the establishment of standard essential patent (SEP) pools. Fourteen other funding measures are also available including up to 2 million RMB for foreign invention patent funding/entity and foreign intellectual property rights enforcement.

China’s Securities Regulatory Commission Proposes Increasing Patent Requirement for IPOs

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

On April 12, 2024 China’s Securities Regulatory Commission (CSRC) proposed increasing the required number of patents to list on the Shanghai Stock Exchange Science and Technology Innovation Board (somewhat analogous to NASDAQ). Specifically, the CSRC released the Guidelines for the Evaluation of Science and Technology Innovation Attributes (Trial) (科创属性评价指引(试行)) for commenting raising the number of patents related to the company’s main business to 7 from 5.