China’s National People’s Congress has recently released a translation of China’s Criminal Law, which includes many Intellectual Property provisions. The Criminal Law was most recently amended at 24th Meeting of the Standing Committee of the Thirteenth National People’s Congress on December 26, 2020 and went into force on March 1, 2021. The amendments increase the maximum sentencing term for IP crimes and also add a new article somewhat similar to the US’ Economic Espionage Act potentially in effect if not …
China’s National People’s Congress Publishes Translation of the Seed Law
China’s National People’s Congress has published an English translation of the amended Seed Law of the People’s Republic of China. The current amendment was adopted at the 32nd Meeting of the Standing Committee of the Thirteenth National People’s Congress on December 24, 2021 and went into effect March 1, 2022. With respect to intellectual property, the amended Seed Law revised Article 28 to add the explicit right to license a new plant variety right to others and to add to …
China’s Supreme People’s Court Adjusts Jurisdiction of their IP Tribunal
Effective November 1, 2023, the IP Tribunal of China’s Supreme People’s Court will no longer hear appeals involving utility model patents, technical trade secrets and computer software unless the appeal is against a first-instance judgement issued by a high court. The IP Tribunal will retain its jurisdiction on (1) second-instance civil and administrative appeal cases involving ownership and infringement disputes on invention patents, new plant varieties, integrated circuit layout design, as well as (2) administrative appeal cases involving disputes derived …
Hangzhou Issues “Implementation Rules of Hangzhou Municipal Intellectual Property Special Fund Allocation Factors” To Subsidize Foreign IP Litigation
On October 27, 2023, the Hangzhou Municipal Administration for Market Regulation issued the “Implementation Rules of Hangzhou Municipal Intellectual Property Special Fund Allocation Factors.” The Rules are effective immediately and provide funding for domestic and foreign IP litigation, IP financing, whistleblower rewards for reporting IP violations, monetary rewards for winning national and provincial patent medals, etc.