On May 28 2023 China’s National Intellectual Property Administration (CNIPA) released the Key Points of the Work of the CNIPA in 2023 (国家知识产权局2023年工作要点). Key points include legislate work, such as proposing a new round of amendments to the Trademark Law, completing the amendments to the Detailed Rules for Implementation of the Patent Law, as well introducing more substantive examination of designs and utility models. Excerpts follow.
Category: Patents
China’s National Intellectual Property Administration Releases “Guidelines for the Determination of Abnormal Patent Applications and the Handling of Matters after the Determination”
In follow up to the “Measures Regarding the Regulation of Patent Applications” (关于规范申请专利行为的办法), China’s National Intellectual Property Administration (CNIPA) released the “Guidelines for the Determination of Abnormal Patent Applications and the Handling of Matters after the Determination” (非正常申请专利行为认定及认定后的办事指南) on May 26, 2023. The Guidelines provided detailed information on determining abnormal patent application behavior from various perspectives as well as the procedures for handling an abnormal patent application after identification.
China’s National Intellectual Property Administration Revokes Licenses of 5 Patent Firms for Filing Over 30,000 Abnormal Patent Applications
On May 8, 2023, China’s National Intellectual Property Administration (CNIPA) announced that it revoked the licenses of 5 patent firms that collectively filed 30,780 abnormal (irregular) patent applications. This follow’s CNIPA’s announcement in March 2023 of sanctions against 7 firms that collectively filed over 20,000 abnormal applications, although there was only one license revocation in that earlier round. The continuing crackdown on abnormal applications as well as the crackdown on firms that file abnormal applications may have been the cause …
China Releases Typical Cases of China Customs Intellectual Property Protection in 2022
On April 25, 2023, the General Administration of Customs of the People’s Republic of China released the Typical Cases of China Customs Intellectual Property Protection in 2022 (2022年中国海关知识产权保护典型案例). The cases cover sportswear, toothpaste, automotive parts, watches, electronics and other products. As can be seen from the following cases, Customs will seize not only imported goods but also goods for export. As China is the “factory to the world” and a large source of counterfeits, seizing goods for export at the …