On April 21, 2022, China’s Supreme People’s Court (SPC) released a report entitled Status of judicial protection of intellectual property rights in Chinese courts 2021 (中国法院知识产权司法保护状况（2021年）). Highlights include sections on increased quantity of intellectual property law cases in 2021; improved trademark protection including the awarding of treble punitive damages; and impartial trial of foreign-related cases.
Chinese Utility Model Grants Up 29.5% in Q1 2022 YoY
Despite the China National Intellectual Property Administration’s (CNIPA) efforts to crack down on “irregular” patent applications, the number of granted utility models climbed 29.5% in 2022 Q1 compared to 2021 Q1. Specifically, the number of utility models granted in this 2o22 Q1 was 766,957 versus 591,965 in 2021 Q1. Invention patent grants grew slower at a 5.4% rate from 152,342 to 160,671 granted invention patents.
Beijing Intellectual Property Court Announces China’s First Patent Linkage Judgment
On April 15, 2022, the Beijing Intellectual Property Court ruled that Wenzhou Haihe Pharmaceutical Co., Ltd.’s application for marketing authorization for a generic form of “Aidecalcidol Soft Capsule” did not fall within scope of protection of the relevant patent in China’s first patent linkage court decision. China’s patent linkage system prevents marketing authorization for a generic prior to the expiration of the patent term on the branded equivalent unless the Beijing IP Court or the China National Intellectual Property Administration …
China’s National Intellectual Property Administration Issues Notice on Continuing to Severely Crack Down on Malicious Registration of Trademarks
On April 12, 2022, China National Intellectual Property Administration (CNIPA) issued the “Notice of the CNIPA on Continuing to Severely Crack Down on Malicious Registration of Trademarks” (国家知识产权局关于持续严厉打击商标恶意注册行为的通知). Among the highlights of the Notice include the listing of 10 illegal behaviors to be cracked down on and the elimination of awards or subsidies for trademark applications (including Madrid applications). This follows earlier crackdowns such as the cancellation of maliciously registered Olympic-related trademarks ex officio in February.