On May 6, 2021, China’s National Intellectual Property Administration (CNIPA) released Draft Amendments to Several Provisions Regarding the Regulation of Patent Applications for comment (关于规范申请专利行为的若干规定修改草案（征求意见稿)). The Amendments aim to supplement and improve the definition of irregular (i.e., low-quality) patent applications; to clearly stipulate the examination procedures for irregular patent applications; and to update and improve the relevant handling measures for irregular patent applications. Note that Article 3(5) may limit the ability of IP-holding companies to file Chinese patent applications depending …
China’s National Intellectual Property Administration Releases Top 10 Cases of Administrative Trademark Adjudication
On April 26, 2021, China’s National Intellectual Property Administration (CNIPA) released released the Top Ten Cases of Administrative Trademark Adjudication (2020年度商标行政保护十大典型案例). Administrative adjudication in China is an alternative to conventional civil litigation and can be quicker and less expensive than litigation. That said, generally only fines and injunctions are issued in administrative enforcement actions. Those seeking damages should file a litigation at a People’s Court instead or in addition.
China’s National Intellectual Property Administration Releases Top Ten Cases of Administrative Patent Enforcement
On April 26, 2021, China’s National Intellectual Property Administration (CNIPA) released released the Top Ten Cases of Administrative Patent Enforcement (2020年度专利行政保护十大典型案例). Administrative enforcement in China is an alternative to conventional civil litigation and can be quicker and less expensive than litigation. That said, generally only fines and injunctions are issued in administrative enforcement actions. Those seeking damages should file a litigation at a People’s Court instead or in addition. Case #5 below is of particular interest since it seems to …
Office of the United States Trade Representative (USTR) Released its Annual Special 301 Report Maintaining China on the Priority Watchlist
On April 30, 2021, the Office of the United States Trade Representative (USTR) released its annual Special 301 Report on the adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property rights. The USTR maintained China on the priority watch list of countries, along with eight other countries, which “indicates that particular problems exist in that country with respect to intellectual property protection, enforcement, or market access for U.S. persons relying on intellectual property. ” In general, …