Per recently released statistics from the China National Intellectual Property Administration (CNIPA), a total of 698,822 invention patents were granted, 1,596,992 utility models were granted, and 487,977 design patents were granted cumulatively through the the third quarter of 2023. Compared with the third quarter of 2022, this represents an almost 14% increase in invention patents granted versus an over 25% drop in utility model grants and an over 8% drop in design patent grants.
Supreme People’s Court Releases Typical Cases Involving Personality Rights
On the afternoon of October 16, 2023, China’s Supreme People’s Court released typical cases involving the protection of personality rights of private enterprises and private entrepreneurs and answered reporters’ questions. While the typical cases mostly relate to defamation, one relates to trademark registration of another’s name, which may be useful in invalidating trademark registrations of eponymous corporations made by squatters.
Shenzhen Proposes Ending Patent Grant Subsidies Two Years Early
On September 26, 2023 the Shenzhen Municipal Administration for Market Regulation released the Operation Rules for Special Funds in the Field of Intellectual Property Rights of the Shenzhen Municipal Administration for Market Regulation (Revised Draft for Comments) (深圳市市场监督管理局知识产权领域专项资金操作规程(修订征求意见稿)) proposing to eliminate financial subsidies/rewards for grants of both Chinese and foreign patents by the end of 2023. However, other local and national market distorting incentives remain.
China’s Cyberspace Administration Proposes Loosening Restrictions on Cross-Border Data Flows
On September 28, 2023, the Cyberspace Administration of China proposed relaxing restrictions on cross-border data flows in the Regulations to Standardize and Promote Cross-Border Data Flows (Draft for Comment) (规范和促进数据跨境流动规定（征求意见稿)). According to the Draft Regulations, sending some Chinese data abroad will no longer require a data export security assessment. However, some terms in the Draft lack clarity.