On June 10, 2021, the National People’s Congress (NPC) passed the Stamp Duty Law of the People’s Republic of China (中华人民共和国印花税法) effective July 1, 2022. The Law refers to the taxes collected for various certificates that are registered in transactions in China. The name originates from the use of tax stamps pasted on the corresponding tax vouchers. While usually thought of in respect to securities sales, the stamp tax also applies to intellectual property transactions and patent grants, which will …
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USPTO Updates China IPR Toolkit
From the USPTO: The United States Patent and Trademark Office (USPTO) recently updated the China Intellectual Property Rights (IPR) toolkit to reflect the recent changes made to China’s intellectual property (IP)-related laws and government structure. Originally published in October 2019, the toolkit provides general guidance for businesses and practitioners in better understanding the basics of the IP landscape in China. Published in May 2021, the updated China IPR toolkit highlights the differences between the U.S. and Chinese IP rights legal systems. The USPTO is one …
Office of the United States Trade Representative (USTR) Released its Annual Special 301 Report Maintaining China on the Priority Watchlist
On April 30, 2021, the Office of the United States Trade Representative (USTR) released its annual Special 301 Report on the adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property rights. The USTR maintained China on the priority watch list of countries, along with eight other countries, which “indicates that particular problems exist in that country with respect to intellectual property protection, enforcement, or market access for U.S. persons relying on intellectual property. ” In general, …
China to Establish Fourth Intellectual Property Court at Hainan Free Trade Port
On December 26, 2020, China’s National People’s Congress (NPC) approved the formation of an Intellectual Property Court at the Hainan Free Trade Port per the “Decision of the Standing Committee of the National People’s Congress on the Establishment of the Hainan Free Trade Port Intellectual Property Court” (全国人民代表大会常务委员会关于设立海南自由贸易港知识产权法院的决定). This will be China’s fourth intellectual property court. The decision goes into effect January 1, 2021.