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.
4.5-Year Prison Sentence Upheld for Counterfeiting 3M Masks in China
On November 19, 2021, the Shanghai No. 3 Intermediate People’s Court announced the affirmance of prison sentences for defendants that counterfeiting 3M and Dasheng (大胜) masks. Seven defendants were sentenced to imprisonment ranging from one year to four years and six months for the crime of counterfeiting registered trademarks, and fines were imposed ranging from RMB 30,000 to RMB 1.2 million (~$188 thousand USD).
How Fast is the Patent Prosecution Highway in China?
Accordingly to statistics collected by the Japanese Patent Office (JPO), participating in the Patent Prosecution Highway (PPH) in China will significantly speed up examination and grant of a patent application. Per the JPO data, from January to June 2021, the China National Intellectual Property Administration (CNIPA) on average issued a first office action within 2.2 months of granting a PPH request. This is close to a third of the time it takes the USPTO to issue a first office action …
China to Revoke Patent Agencies’ Licenses for Filing Abnormal Patent Applications
On November 10, 2021, the China National Intellectual Property Administration (CNIPA) released the Notice of the CNIPA on Further Severely Cracking Down on Abnormal Patent Application Agency Acts (国家知识产权局关于进一步严厉打击非正常专利申请代理行为的通知). CNIPA will halt new business intake or even revoke licenses of patent agencies that file relatively large amounts of abnormal (also translated as irregular) patent applications. Previously, Chinese patent agencies have been warned and fined such as a Shenzhen firm that was recently fined 50,000 RMB for filing a total of …