by Yan Zhang, Miao Tian, Austin Chang and Aaron Wininger In order to reduce trademark squatting, the Chinese Trademark Law of China (2019 Version) (“Trademark Law 2019”) introduced an intent to use requirement as well as a good faith requirement. As will be discussed further below, recent Chinese court cases show that the introductions did in fact provide newly effective means to challenge squatters. Overview of the relevant articles in the Trademark Law 2019 The relevant articles of the Trademark …
China’s Patent Grants Accelerate By Over 50% in First Half of 2021
In recently released data for the first half of 2021, the China National Intellectual Property Administration (CNIPA) granted 55.9% more invention patents than in the first half of 2020. Utility model patents were up less at 30.3% versus the first half of 2020. The percentage of patents granted to foreign patentees dropped from 19.0% to 15.8% although the absolute number of patents to foreign patentees increased from 41,157 to 53,512. However, this may overstate the total number of patents granted …
China’s National Intellectual Property Administration Releases Patent Linkage Administrative Adjudication Measures
In follow up to the joint National Medical Products Administration (NMPA) and China National Intellectual Property Administration (CNIPA) release of patent linkage implementation measures, CNIPA has released the Administrative Adjudication Measures for Early Resolution Mechanisms for Drug Patent Disputes (药品专利纠纷早期解决机制行政裁决办法) on July 5, 2021. These Measures provide an alternative dispute mechanism to litigation (see the Supreme People’s Court’s (SPC) litigation provisions also issued July 5, 2021). CNIPA’s administrative adjudication may be the preferable route for patentees as the Administrative Adjudication …
China’s Supreme People’s Court Releases Patent Linkage Trial Provisions
In follow up to the joint National Medical Products Administration (NMPA) and China National Intellectual Property Administration (CNIPA) release of patent linkage implementation measures, China’s Supreme People’s Court released Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Civil Cases Concerning Patent Disputes Related to Drugs Applied for Registration (最高人民法院关于审理申请注册的药品相关的专利权纠纷民事案件适用法律若干问题的规定) on July 5, 2021. Of note is that while the Implementing Measures specify a 9-month moratorium in marketing authorization for a …