The China National Intellectual Property Administration (CNIPA) recently released data indicating that 2021 year-to-date invention patent grants totaled 269,706 invention patents, a 62.4% increase in cumulative grants from January through May 2020. The percentage of patents granted to foreign patentees dropped from 19.5% to 15.7% although the absolute number of patents to foreign patentees increased from 32,389 to 42,286. However, this may overstate the total number of patents granted to true foreigners as some Chinese entities file in the name …
China To Reduce Stamp Tax on Intellectual Property Transactions
On June 10, 2021, the National People’s Congress (NPC) passed the Stamp Duty Law of the People’s Republic of China (中华人民共和国印花税法) effective July 1, 2022. The Law refers to the taxes collected for various certificates that are registered in transactions in China. The name originates from the use of tax stamps pasted on the corresponding tax vouchers. While usually thought of in respect to securities sales, the stamp tax also applies to intellectual property transactions and patent grants, which will …
Foreigners Can Now Take the Chinese Patent Bar Examination
On June 10, 2021, the China National Intellectual Property Administration (CNIPA) issued the Notice of the CNIPA on the Participation of the Patent Agent Qualification Examination by Foreigners in Pilot Areas for Patent Agency (国家知识产权局办公室关于专利代理对外开放试点地区的外国人参加专利代理师资格考试的通知) announcing that foreigners who work or study within the pilot areas of Beijing, Suzhou, Nanjing, and Guangzhou can take the next patent bar examination. This implements last year’s announcement by China’s Ministry of Commerce stating that foreigners that reside in Beijing, Tianjin, Shanghai, Chongqing (21 …
L’Occitane’s 9 Million RMB Award for Trademark Infringement in China Affirmed on Appeal
On June 7, 2021, the Zhejiang Higher People’s Court announced it has affirmed an award of 9 Million RMB ($1.4 Million USD) and an injunction to L’Occitane for trademark infringement and unfair competition. L’Occitane had earlier sued Zhejiang Junda Biotechnology Development Co., Ltd. (浙江君大生物科技发展有限公司) and Guangzhou Ailian Cosmetics Co., Ltd. (广州市爱莲化妆品有限公司) for the sale of Andorheal Fragrance Body Lotion in a bottle similar to L’Occitane’s Cherry Blossom Shimmered Lotion as well as the use of L’Occitane’s cherry blossom trademark.