China’s Operation Blue Sky Patent Attorney Rectification Campaign Bears Fruit

Posted on Categories Patents

In follow up to the Notice of the China National Intellectual Property Administration (CNIPA) on Deepening the “Blue Sky” Action and Promoting the Healthy Development of the Intellectual Property Service Industry (国家知识产权局办公室关于深化“蓝天”行动 促进知识产权服务业健康发展的通知) issued May 8, 2020, the CNIPA is now  publicizing that local Intellectual Property Offices have fined 56 Chinese patent firms  a collective 2,455,067 RMB for operating while unlicensed.  The patent firms are located in Beijing, Hebei, Shanxi, Jilin, Jiangsu, Zhejiang, Fujian, Shandong, Hubei, and Guangdong. Fines usually …

Criminal Copyright Infringement of Alita Movie Leads to 4-Year Prison Sentence in China

Posted on Categories Case, Copyright

According to an October 27, 2020 report in the People’s Court Daily, the People’s Court of Fangcheng County, Henan Province recently sentenced 8 defendants to prison for copyright infringement of several movies including “Alita: Battle Angel” and several Chinese movies. The Court sentenced the defendant Wang  to four years in prison and fined him 1.5 million yuan. The other defendants were sentenced from one year and two months in prison to three years and six months in prison.

China’s Supreme People’s Court Releases Draft Patent Linkage Litigation Regulations

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

On October 29, 2020, in follow up the approval of the amended Patent Law introducing Patent Linkage, China’s Supreme People’s Court released the Draft Regulations on Several Issues Concerning the Application of Law in the Trial of Civil Cases Involving Patent Linkage (关于审理涉药品上市审评审批专利民事案件适用法律若干问题的规定) (征求意见稿)).  Earlier this year, before the approval of the amended Patent Law, China’s  National Medical Products Administration (NMPA) and the China National Intellectual Property Administration (CNIPA) jointly issued the draft Implementing Measures for Drug Patent Dispute Early Resolution Mechanism (Trial …

Contents of the Chinese Patent Bar Exam

Posted on Categories Patents

Foreigners can now, under strict conditions, take the patent bar examination.  A brief summary of the exam follows. The exam, which is held once a year, takes place over a day and half with three parts: Patent legal knowledge, Related legal knowledge, and Patent agency practice (e.g., drafting claims).  However, unlike the U.S. patent bar examination, the Chinese patent bar examination also covers enforcement of patent rights as well as other areas of law. The next exam will be held …