China’s State Administration for Market Regulation released the Antitrust (also referred to as Anti-Monopoly) Guidelines of the Antitrust Committee of the State Council on the Field of Intellectual Property (国务院反垄断委员会关于知识产权领域的反垄断指南). The guidelines are dated January 4, 2019 but only officially released on September 18, 2020. The guidelines cover Intellectual Property Agreements That May Exclude or Restrict Competition; Abuse of Dominant Market Position Involving Intellectual Property Rights; Concentration of Operators Involving Intellectual Property Rights; and other Circumstances, such as patent pooling.
China Issues Draft Provisions on the Protection of Geographical Indications
In follow up to the signing of an agreement with the European Union on Graphical Indications (GIs), on September 24, 2020, the China National Intellectual Property Administration (CNIPA) issued the Provisions on the Protection of Geographical Indications (Draft for Comment) (商标代理管理办法 (征求意见稿)). GIs are, per the 1995 Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), “indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a …
China Introduces Proposed Patent Linkage System for Comment
On September 11, 2020, China’s National Medical Products Administration (NMPA) and the China National Intellectual Property Administration (CNIPA) jointly issued the draft Implementing Measures for Drug Patent Dispute Early Resolution Mechanism (Trial for Implementation) (Draft for Public Opinions) (药品专利纠纷早期解决机制实施办法（试行)( 征求意见稿)). Patent linkage refers to the process by which a country links drug marketing authorization to the status of the patent(s) corresponding to the originator’s product. Typically, marketing authorization for a generic drug will not be granted prior to the expiration …
China’s Supreme People’s Procuratorate Amends Prosecution Standards for Criminal Trade Secret Theft
On September 18, 2020, China’s Supreme People’s Procuratorate of the Ministry of Public Security released the Decision of the Supreme People’s Procuratorate of the Ministry of Public Security on Amending the Prosecution Standards for Criminal Cases of Commercial Secret Infringement (最高人民检察院 公安部关于修改侵犯商业秘密刑事案件立案追诉标准的决定). The decision brings the prosecution standards in line with the recent Supreme People’s Court issuance of Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Infringement of Intellectual Property Rights (3) (关于办理侵犯知识产权刑事案件具体应用法律若干问题的解释（三）), notably, the reduction in threshold required to prosecute …