On September 30, 2022, the General Administration of Customs of China released a list of ten frequently asked questions and answers for intellectual property customs recordation in China. Recordation of intellectual property in China with customs can block both import to China and export from China. As China remains a major source of counterfeit goods, recordation to block export can be more efficient than blocking import at multiple destinations.
China’s Supreme People’s Court: Incorrect PCT Applicant Has Good Faith Duty to Actual Rightsholder
On October 13, 2022, the Intellectual Property Tribunal of the Supreme People’s Court of China released an explanation of case # (2022)最高法知民终130号 holding that an incorrect Patent Cooperation Treaty (PCT) applicant has a duty to the true rightsholder including notifying the rightsholder of deadlines for national phase entry.
China Plans to Extend Patent Agency Credit Rating System Nationwide in Administrative Measures for the Credit Evaluation of Patent Agency (Draft for Public Comment)
On October 8, 2022, the China National Intellectual Property Administration (CNIPA) released the Administrative Measures for the Credit Evaluation of Patent Agency (Draft for Public Comment) (专利代理信用评价管理办法(公开征求意见稿)). The Draft updates and expands the prior trial started in January 2022 that was limited to Hebei Province, Jiangsu Province, Hunan Province, and Sichuan Province. Potential downgrades have increased for filing abnormal patent applications, especially if the abnormal patent applications causes “major international adverse effects.” Unfortunately, this Draft doesn’t apply to Chinese trademark …
Reminder: Extended CNIPA Closure for Chinese National Day
The China National Intellectual Property Administration (CNIPA) will be closed from October 1, 2022 to October 7, 2022 for the Chinese National Day holiday. All official patent deadlines falling on the above dates will be automatically extended to October 10, 2022. Note that October 8 and 9, 2022 will be work days and CNIPA will be open. Accordingly, please provide your Chinese counsel with instructions for actions due as soon as possible to avoid a rush immediately after the holiday. …