On November 30, 2021, the China National Intellectual Property Administration (CNIPA) released the English-language Guidelines for the Legal Protection and Enforcement of Chinese Trademarks. The Guidelines “introduce China’s trademark protection system in detail, covering the entire process of registration application, review, opposition, infringement and relief, and provides online search, online application, and trademark protection strategies.”
Chinese Patent Office Announces Record 1.04 Million RMB Fine for Unauthorized Practice of Patent Law
On November 29, 2021, the Chinese National Intellectual Property Administration (CNIPA) announced a record fine of 1.04 million RMB (~$163 thousand USD) against a Sichuan entity for engaging in the patent agency business without authorization. Per CNIPA, “The amount of fines and forfeiture is the most for an unqualified patent agency violation case that has been investigated and punished.”
China’s New Guidelines for Trademark Examination and Trial Elaborate on Malicious Trademark Applications
China’s National Intellectual Property Administration (CNIPA) released the Guidelines for Trademark Examination and Trial (商标审查审理指南) on November 22, 2021, effective January 1, 2022. The Guidelines, which are somewhat analogous to the U.S. Patent & Trademark Office’s (USPTO’s) Trademark Manual of Examining Procedure, explains the Trademark Law’s Article 4, which states, in part, “malicious trademark registration applications that are not intended for use shall be rejected” by providing 10 factors to identify malicious applications. These new Guidelines and other measures, such …
China’s Supreme People’s Court Clarifies IC Layout Design Rights Standing Requirements
In case no. （2021）最高法知民终1313号, the Intellectual Property Tribunal of the Supreme People’s Court of China, in an announcement dated November 22, 2021, ruled that a plaintiff lacked standing when its integrated circuit layout design right was invalidated despite appealing the invalidation decision to the Beijing Intellectual Property Court.