European Union Challenges China at the WTO Over Anti-Suit Injunctions Preventing Patent Holders from Asserting Their Rights Outside of China

Posted on Categories Patents

On February 18, 2022, the European Union (EU) made a Request for Consultations with China over anti-suit injunctions in standard essential patent (SEPs). Chinese courts have issued these injunctions blocking patent holders from enforcing their foreign patent rights outside of China (i.e., in Europe and Japan) with extensive daily fines for violators.  The dispute settlement consultations that the EU has requested are the first step in World Trade Organization (WTO) dispute settlement proceedings. If they do not lead to a …

U.S. Trade Representative Names 6 Chinese Online Markets in 2021 Review of Notorious Markets for Counterfeiting and Piracy Up 1 From 2020

Posted on Categories Copyright, Trademarks

On February 17, 2022 the  Office of the United States Trade Representative (USTR) released the findings of its 2021 Review of Notorious Markets for Counterfeiting and Piracy (the Notorious Markets List).  The Notorious Markets List highlights online and physical markets that reportedly engage in or facilitate substantial trademark counterfeiting or copyright piracy.  There is no penalty for being listed but the list has been used to encourage foreign companies and countries to crack down on piracy and counterfeiting. Of the 42 …

China Cracks Down on Olympic Trademark Squatters Including Marks for Olympic Gold Medalist and Fashion Model Eileen Gu

Posted on Categories Trademarks

On February 14, 2022, the China National Intellectual Property Administration (CNIPA) has announced a crackdown on the malicious filing of trademarks for Olympic mascots and athletes for “infringing on the personality rights and other legitimate rights and interests of others, has caused significant adverse social impact, and damaged the good image of China’s strict protection of intellectual property rights.” CNIPA rejected 429 trademark applications, including those for Eileen Gu (谷爱凌 and homonyms).  CNIPA also cancelled, ex officio, 43 trademarks, 20 …

China to Cease Issuing Paper Patent Certificates – Request Them Before March 1, 2022

Posted on Categories Patents

While the China National Intellectual Property Administration (CNIPA) ceased automatically issuing paper patent certificates in 2020, patentees could still request a paper certificate. However, per CNIPA announcement 472 released February 11, 2022, CNIPA will no longer accept requests for paper certificates as of March 1, 2022.  Accordingly, patentees looking for “old school” hard copy patent certificates need to request them by the end of February 2022.  Similarly, the U.S. Patent & Trademark Office (USPTO) proposed to cease issuing paper patent …