China’s National Intellectual Property Administration Punishes 71 Firms & Professionals for Unlicensed Practice of Patent Law

Posted on Categories Patents

On August 23, 2021, the China National Intellectual Property Administration (CNIPA) announced the administrative punishment of 71 Chinese patent firms and individuals for the unlicensed practice of patent law.  Total fines exceeded 5 million RMB and usually included confiscation of illegal income as well as a fine that was a multiple of the illegal income.  The punished firms and individuals were in Shanghai, Liaoning, Jiangsu, Anhui, Shandong, Hunan, Guangdong, Sichuan, and Ningxia. While the sanctioned firms seemed to cater to …

China’s Supreme People’s Court: Declaratory Judgement Actions Involving Invalidated Patents are Possible

Posted on Categories Case, Patents

In a recent decision highlighted by the Intellectual Property Tribunal of the Supreme People’s Court, the Court ruled that even though a patent was invalidated by the China National Intellectual Property Administration (CNIPA), it was still possible to file a declaratory judgement action to confirm non-infringement of the invalidated patent.  Specifically, the Court held “that the invalidation decision of a patent does not become legally effective as soon as it is made, and that the decision is only effective when …

China Releases Draft Patent Examination Guidelines for Comment

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

On August 3, 2021, the China National Intellectual Property Administration (CNIPA) release the Draft Revised Patent Examination Guidelines (Draft for Solicitation of Comments) (专利审查指南修改草案(征求意见稿)). The draft Guidelines update CNIPA’s current Guidelines based on the newly amended patent law that went into effect June 1, 2021. Discussion of some of the highlights potentially relevant to foreign applicants follows.

China’s State Administration for Market Regulation to Establish List of Untrustworthy Entities That Have Intentionally Infringed Intellectual Property

Posted on Categories New Law, Rule or Implementing Regulation, Patents, Trade Secrets, Trademarks

Per Order of the State Administration of Market Regulation No. 44 entitled Measures for the Administration of Lists of Serious Illegal and Dishonest Acts Subject to Market Regulation (市场监督管理严重违法失信名单管理办法),  effective September 1, 2021, China’s State Administration for Market Regulation (SAMR) will establish a list of untrustworthy entities that have intentionally infringed intellectual property , misappropriated trade secrets, committed unfair competition (frequently a cause of action in trademark infringement cases), filed abnormal (irregular) patent applications, maliciously submitted trademark applications (e.g., for …