China IP Legal Report | Perkins Coie LLP
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This blog serves to guide in-house counsel and U.S. patent attorneys on navigating Chinese IP law. Perkins Coie was one of the first U.S. firms to enforce Chinese-invented U.S. patents against American defendants. Understand the ins and outs of China law and how it affects corporations.
China IP Legal Report | Perkins Coie LLP
1y ago
On January 13, the China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law for public comment (“TML Draft Amendment”). The TML Draft Amendment is the product of deliberations that officially commenced in 2018. This deliberation process resulted in the 2019 stop-gap revisions to the Trademark Law that were primarily focused on addressing the issue of trademark hoarding. The current TML Draft Amendment was prepared by a CNIPA working group established in 2022 to consolidate prior survey and research efforts and prepare a first d ..read more
China IP Legal Report | Perkins Coie LLP
1y ago
On December 29, 2021, the Beijing Intellectual Property Court (the Court) maintained the validity of CN Invention Patent No. ZL200680025545.1 (the ’545 patent), which reversed an invalidation decision[1] made by the Patent Reexamination and Invalidation Department of the China National Intellectual Property Administration (CNIPA). The Court held that the claimed invention is inventive because one person of ordinary skill in the art would not have been motivated to modify three specific positions of the asserted prior art compound (right) with specific substituents, respectively, to obtain the ..read more
China IP Legal Report | Perkins Coie LLP
2y ago
The Patent Reexamination and Invalidation Department (PRID) of the China National Intellectual Property Administration (CNIPA) maintained the validity of Chinese design patent No. ZL201730205645.3 (the ’645 patent) in an invalidation proceeding.[1] The PRID held that the patented designs are patentable because the more squared-off design of the ’645 patent is significantly different compared to the more rounded corners of the prior designs for smartwatches having square faceplate for “general consumers.” The PRID stated that it is common for a smartwatch to have a square faceplate and therefor ..read more
China IP Legal Report | Perkins Coie LLP
2y ago
On October 12, 2021, the China National Intellectual Property Administration (CNIPA) announced that from January 1, 2022, the CNIPA will issue only electronic copies of trademark registration certificates regardless of whether applications were filed as standard paper filings or as e-filings. This procedural change follows a number of formatting changes to the registration certificate template initiated in 2018, including the addition of a QR code on each registration certificate for publication/verification purposes.
From October 15, 2021 to December 31, 2021, CNIPA will continue to issue pap ..read more
China IP Legal Report | Perkins Coie LLP
2y ago
Northeast Ecological Agriculture Development Co., Ltd. (Northeast), v. Jikang Green Valley Planting Professional Cooperative (Jikang), No. 724 [2019], Final, Civil Division, the Supreme People’s Court of the People’s Republic of China.
On September 27, 2020, the Supreme People’s Court of the People’s Republic of China (the Supreme Court) issued a decision affirming that a bidding document containing a confidentiality clause is not prior art for a prior art defense. The bidding document was made available to the public after the filing date of the patent at issue, Chinese Patent No. ZL 20141062 ..read more
China IP Legal Report | Perkins Coie LLP
2y ago
On August 6, 2021, the China National Intellectual Property Administration (CNIPA) announced that effective September 1, 2021, an applicant and its trademark agency will be required to submit a letter of good faith in support of any opposition, opposition appeal, and invalidation submission that includes a claim for well-known protection under Article 13 of the PRC Trademark Law, which provides generally broad (and cross-class) protection for marks that are “well-known.”
The CNIPA notice can be accessed here: http://sbj.cnipa.gov.cn/tzgg/202108/t20210806_333421.html.
According to the new forma ..read more
China IP Legal Report | Perkins Coie LLP
2y ago
Northeast Ecological Agriculture Development Co., Ltd. (Northeast), v. Jikang Green Valley Planting Professional Cooperative (Jikang), No. 724 [2019], Final, Civil Division, the Supreme People’s Court of the People’s Republic of China.
On September 27, 2020, the Supreme People’s Court of the People’s Republic of China (the Supreme Court) issued a decision affirming that a bidding document containing a confidentiality clause is not prior art for a prior art defense. The bidding document was made available to the public after the filing date of the patent at issue, Chinese Patent No. ZL 20141062 ..read more
China IP Legal Report | Perkins Coie LLP
2y ago
The Center for Drug Evaluation (CDE) of the National Medical Products Administration (NMPA) in the People’s Republic of China (PRC) issued a notice that the patent information registration platform of drugs approved in the PRC will be put into official operation soon.[1] The CDE attached a user manual to specify (1) that the indications provided in each use patent to be registered should be consistent with the indications provided in the package insert of the approved drug; and (2) that each patent to be registered should cover the corresponding technical solution of the approved drug.[2]
&nbs ..read more
China IP Legal Report | Perkins Coie LLP
3y ago
The Standing Committee of the National People’s Congress promulgated the long-awaited amended PRC Copyright Law on November 11, 2020, which became effective on June 1, 2021. In tandem with the effective date of the amended PRC Copyright Law, the People’s Courts and the National Copyright Administration recently held some press releases, announcing model cases involving internet disputes and copyright protection. Some of the important announcements include the following:
On May 31, 2021, the Supreme People’s Court announced ten internet model cases (http://www.court.gov.cn/zixun ..read more
China IP Legal Report | Perkins Coie LLP
3y ago
The Standing Committee of the National People’s Congress promulgated the amended PRC Patent Law on October 17, 2020, and the new PRC Patent Law became effective on June 1, 2021. Article 70.1 of the new PRC Patent Law provides that “the patent administrative department under the State Council may, at the request of the relevant patentee or the interested parties, handle the patent infringement dispute that has a major impact nationwide.”
The China National Intellectual Property Administration (CNIPA) officially issued the Measures on Administrative Adjudication of Major Patent Infringement Disp ..read more