China IP Legal Report

A Critical Resource for Navigating Chinese IP Law

The China National Intellectual Property Administration (CNIPA) will be closed from February 4, 2019 to February 10, 2019 for the Chinese New Year holiday. All official deadlines falling on the above dates will automatically be extended to February 11, 2019. Accordingly, please instruct your Chinese counsel in advance to ensure timely handling of matters due during this period. Chinese New Year is a Chinese festival that celebrates the beginning of a new year on the…
The China National Intellectual Property Administration (CNIPA) will be closed from December 30, 2018 to January 1, 2019 for the New Year holiday. All official deadlines falling on the above dates will be automatically extended to January 2, 2019. Please note that Christmas is not an official holiday in China and the deadlines of CN matters that fall on December 25, 2018 will not be postponed to December 26, 2018. Accordingly, please instruct your Chinese…
Michael Mangelson has been IP Attaché at the US consulate in Shanghai since 2014. In this interview, we talk with Michael about what is the US IP attaché program and specifically his role in China. Aaron Wininger: First off, what is the US IP Attaché program? Michael: The United States Patent and Trademark Office’s (USPTO) Intellectual Property (IP) Attaché Program works to improve IP systems internationally. The attachés advocate to improve IP policies, laws, and…
Last year, the State Intellectual Property Office (SIPO), (now, the China National Intellectual Property Administration (CNIPA)), announced Administrative Measures for Prioritized Examination[1] (“the Measures”), which took effect as of August 1, 2017.  At the anniversary of the measures, we explain how domestic and foreign applicants can use the measures to expedite examination of their patent applications.…
China promulgated an electronic commerce law on August 31, 2018, effective, January 1, 2019.  Of interest to intellectual property rights (IPR) holders, the law makes e-commerce platform operators potentially jointly and severally liable with IP infringers and enables the relevant administrative department (e.g., the China National Intellectual Property Agency (CNIPA)) to fine platform operators up to 2 million RMB (~$291,000) for failure to protect IPR. The law also formalizes a mechanism for IPR disputes on…
  The China National Intellectual Property Administration (CNIPA) will be closed from October 1, 2018 to October 7, 2018 for the Chinese National Day holiday. All official deadlines falling on the above dates will be automatically extended to October 8, 2018.  Accordingly, please provide your Chinese counsel with instructions for actions due as soon as possible to avoid a rush immediately after the holiday.…
As of September 1, 2018, the China National Intellectual Property Administration (CNIPA – the new name for the combined China Patent & Trademark Office) will no longer automatically retrieve electronic priority documents from the USPTO via the PDX system.  Instead, CNIPA will retrieve priority documents via WIPO DAS, which will require providing the DAS access code.  The access code is the 4-digit confirmation number listed on USPTO filing receipts and used in the USPTO Electronic…
On April 25 this year the China National Drug Administration (CNDA) published a proposed draft on Implementing Measures for Pharmaceutical Trial Data Protection.  The measures prevent other drug manufacturers from relying on earlier trial data to receive sales approval without permission from the owner of the earlier trial data.  The proposed draft extends the trial data protection term to up to 12 years compared with that of up to 6 years previously.  During the protection…