On December 9, 2023, China’s National Intellectual Property Administration (CNIPA) released the second batch of warning cases for the “Blue Sky” special rectification action in the intellectual property agency industry (第二批知识产权代理行业“蓝天”专项整治行动警示案例发布). CNIPA has been cracking down on both trademark and patent agencies that violate laws and regulations including unauthorized practice of law, filing of irregular (fake) patent applications, bribery, etc. So far, more than 7,400 patent and trademark agencies have been interviewed, more than 4,500 have been ordered to make …
Category: Patents
China’s National Intellectual Property Administration: “Swing your sword and punch hard!” China Cracks Down on Fake Patent Agents
On November 27, 2023, China’s National Intellectual Property Administration (CNIPA) announced 57 administrative penalty cases for unqualified patent agents (unauthorized practice of patent law) under the Blue Sky program. This is the fourth batch with similar announcements made in April 2023, January 2022, and March 2021. This fourth batch listed 57 institutions and individuals in 13 provinces, with fines and confiscation of profits totaling 5.29 million RMB (~$746 thousand USD).
Shenzhen Proposes Ending Patent Grant Subsidies Two Years Early
On September 26, 2023 the Shenzhen Municipal Administration for Market Regulation released the Operation Rules for Special Funds in the Field of Intellectual Property Rights of the Shenzhen Municipal Administration for Market Regulation (Revised Draft for Comments) (深圳市市场监督管理局知识产权领域专项资金操作规程(修订征求意见稿)) proposing to eliminate financial subsidies/rewards for grants of both Chinese and foreign patents by the end of 2023. However, other local and national market distorting incentives remain.
China’s Supreme People’s Court Again Affirms Right to Set Global Licensing Rates for Standard Essential Patents
On September 4, 2023, China’s Supreme People Court’s (SPC) affirmed that Chinese courts have jurisdiction over global licensing rates for standard essential patents (SEPs) belonging to InterDigital. In case (2023) 最高法知民辖终282 号, the SPC upheld case (2022)粤73民初195号 where OPPO requested that the Guangzhou Intellectual Property Court rule that the determination of global fair, reasonable, and non-discriminatory (FRAND) licensing terms for SEPs held by Inter Digital (IDT) are subject to Chinese jurisdiction. This follows similar rulings in OPPO vs. Sharp and …