China’s Supreme People’s Court Releases Opinions on Increasing Sanctions for Intellectual Property Infringement

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

The Supreme People’s Court of the People’s Republic of China released the “Opinions on Increasing the Punishment of Intellectual Property Infringement Acts According to Law” (关于依法加大知识产权侵权行为惩治力度的意见)  on September 15, 2020. The opinions confirm the primacy of injunctions and potentially increases the amount of monetary damages typically awarded.  The opinions also cover strengthening evidence preservation and increasing criminal enforcement of the intellectual property laws.  Notably, the opinions amend Article 20 (now Article 15) from the draft opinions by removing a foreigner-targeted clause, …

China’s First COVID-19 Virus Vaccine Patent Granted to CanSino Bio

Posted on Categories Patents

The China National Intellectual Property Administration (CNIPA) granted on September 11, 2020 what may be the first patent covering a vaccine for the COVID-19 virus.  The patent published under number CN111218459B. The Institute of Military Medicine, Chinese Academy of Military Sciences in conjunction with CanSinoBIO, a Chinese vaccine maker, filed application CN202010193587.8 on March 18, 2020 and is entitled “A new recombinant coronavirus vaccine using human replication-deficient adenovirus as a vector.”  The patent is based on research earlier published in the Lancet …

China’s Patent Filings Remain Flat in August 2020

Posted on Categories Patents

The China National Intellectual Property Administration (CNIPA) recently released intellectual property filing data for August 2020 showing a continued stabilization in patent filings after the recent upsurge.  Invention patent application filings were flat compared to July 2020 at 134,532 filings while utility model applications were up slightly at 285,720 versus 269,928 filings in July 2020.  However, both numbers are significantly higher than August 2019 by 20.7% for invention patent application filings and 46.5% for utility model application filings.

China’s Threshold for Criminal Trade Secret Misappropriation to Drop to 300,000 RMB

Posted on Categories Trade Secrets, Trademarks

On September 13, 2020, China’s Supreme People’s Court and Supreme People’s Procuratorate released the 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)) effective September 14, 2020.  One of the key highlights in this Judicial Interpretation is the reduction in the threshold for criminal misappropriation of trade secrets.  Previously, the threshold was 500,000 RMB (~$73 thousand USD) and will now be 300,000 RMB.