On August 17, 2021, the People’s Government of Huangpu District, Guangzhou, China issued an announcement on soliciting opinions on the “Administrative Measures for Intellectual Property Special Funds in Guangzhou High-tech Zone, Guangzhou Development Zone, Huangpu District, Guangzhou (Draft for Solicitation of Comments)” (广州市黄埔区 广州开发区 广州高新区知识产权专项资金管理办法（征求意见稿)). The draft Measures offer a 2.5 Million RMB (~$384 thousand USD) housing subsidy to 100 intellectual property professionals that relocate to the Huangpu District in Guangzhou, China.
China’s Supreme People’s Court: Declaratory Judgement Actions Involving Invalidated Patents are Possible
In a recent decision highlighted by the Intellectual Property Tribunal of the Supreme People’s Court, the Court ruled that even though a patent was invalidated by the China National Intellectual Property Administration (CNIPA), it was still possible to file a declaratory judgement action to confirm non-infringement of the invalidated patent. Specifically, the Court held “that the invalidation decision of a patent does not become legally effective as soon as it is made, and that the decision is only effective when …
China Releases Draft Patent Examination Guidelines for Comment
On August 3, 2021, the China National Intellectual Property Administration (CNIPA) release the Draft Revised Patent Examination Guidelines (Draft for Solicitation of Comments) (专利审查指南修改草案（征求意见稿）). The draft Guidelines update CNIPA’s current Guidelines based on the newly amended patent law that went into effect June 1, 2021. Discussion of some of the highlights potentially relevant to foreign applicants follows.
China’s State Administration for Market Regulation to Establish List of Untrustworthy Entities That Have Intentionally Infringed Intellectual Property
Per Order of the State Administration of Market Regulation No. 44 entitled Measures for the Administration of Lists of Serious Illegal and Dishonest Acts Subject to Market Regulation (市场监督管理严重违法失信名单管理办法), effective September 1, 2021, China’s State Administration for Market Regulation (SAMR) will establish a list of untrustworthy entities that have intentionally infringed intellectual property , misappropriated trade secrets, committed unfair competition (frequently a cause of action in trademark infringement cases), filed abnormal (irregular) patent applications, maliciously submitted trademark applications (e.g., for …