In case no. (2021）最高法知行终93号 recently highlighted by the Supreme People’s Court (SPC) of China in their WeChat account, the SPC held that in administrative litigation against the China National Intellectual Property Administration (CNIPA) for a patent invalidation decision the lower court can consider new evidence introduced by the patentee. However, petitioners seeking invalidation generally cannot submit new evidence during litigation.
China Joins the Hague System for Designs
On February 5, 2022, the World Intellectual Property Organization (WIPO) announced that China joined the Hague System for the International Registration of Industrial Designs effective May 5, 2022. The Government of China deposited its instrument of accession to the 1999 Geneva Act of the Hague Agreement on February 5, 2022. China is the 68th contracting party to the 1999 Act and 77th member of the Hague Union. The Hague System eliminates the need to file separate and multiple applications in individual countries …
China’s National Intellectual Property Administration Releases 2021 Results for the Blue Sky IP Agency Rectification Campaign
On January 27, 2022, the China National Intellectual Property Administration (CNIPA) released a Notice titled “Blue Sky” special rectification campaign of the intellectual property agency industry has achieved positive results in 2021 (2021年知识产权代理行业“蓝天”专项整治行动取得积极成效). The Blue Sky campaign aims to crack down on illegal IP agency behavior in China such as abnormal (irregular) patent applications and malicious trademark applications.
China to Grade Patent Agencies and Agents per Administrative Measures for the Credit Evaluation of Patent Agents (for Trial Implementation)
On January 28, 2022, the China National Intellectual Property Administration (CNIPA) released the Administrative Measures for the Credit Evaluation of Patent Agents (for Trial Implementation) (专利代理信用评价管理办法(试行)), which will grade Chinese patent agencies and agents. Grades will be based on per capita agency volume of patent filings and filing of abnormal patent applications with bonus points for reporting wrongdoing. The trial is being piloted in Hebei Province, Jiangsu Province, Hunan Province, and Sichuan Province.