China Launches Patent Prosecution Highway (PPH) Pilot with the African Regional Intellectual Property Organization (ARIPO)

Posted on Categories New Law, Rule or Implementing Regulation, Patents

On June 6, 2024, the China National Intellectual Property Administration (CNIPA) announced the launch of China-Africa Patent Prosecution Highway (PPH) with the African Regional Intellectual Property Organization (ARIPO) allowing for accelerated examination of patent applications in one jurisdiction based on work product in the other jurisdiction.  The pilot will start June 8, 2024 and extend for five years to June 7, 2029.

Conviction Under China’s Version of the Economic Espionage Act for Theft of Trade Secrets

Posted on Categories Case, Trade Secrets

On April 26, 2024, the Shanghai Pudong Court released the “Typical cases of intellectual property judicial services provided by the Shanghai Pudong New Area People’s Court to ensure high-quality development of new productivity” (上海市浦东新区人民法院知识产权司法服务保障新质生产力高质量发展典型案例), which included a criminal case involving a newer provision of the Chinese Criminal Law that is somewhat analogous to the U.S. Economic Espionage Act. This is believed to be the first case in Shanghai under this provision and may be related to last year’s police raids …

China Continues Market Distorting Patent Subsidies

Posted on Categories New Law, Rule or Implementing Regulation

Despite China planning to cancel all patent subsidies by 2025, some jurisdictions are still issuing substantive patent subsidies and rewards for domestic and foreign patent grants. Specifically, Haining, near Shanghai, recently released their Implementation Rules for the Management of Special Funds for Intellectual Property Rights in Haining City (海宁市知识产权专项资金管理实施细则公示). Per a 2021 USPTO report on Chinese non-market factors influencing IP trends, China had reportedly adopted more than 70 subnational trademark subsidy measures, including measures for domestic and foreign applications and …

China Releases the Plan for Promoting the Construction of a Powerful Intellectual Property Country in 2024

Posted on Categories New Law, Rule or Implementing Regulation

On May 16, 2024, China’s Office of the Inter-Ministerial Joint Meeting for the Building of a Powerful Intellectual Property (IP) Nation (国家知识产权强国建设工作部际联席会议办公室) released the Plan for Promoting the Construction of a Powerful Intellectual Property Country in 2024 (2024年知识产权强国建设推进计划). Among other points, the 110-point Plan covers exploring the use of AI in IP examination, promoting amending IP legislation, improving patent examination, cracking down on bad faith IP filings, and a shout-out to the upcoming AIPPI meeting in Hangzhou.