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
China IP Legal Report
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Measures Issued on Administrative Adjudication of Major Patent Infringement Disputes
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…
Three Changes to Pharmaceutical Patents in the PRC
This article addresses three important changes to pharmaceutical patents in the People’s Republic of China (PRC) in view of the newly amended PRC Patent Law (the Law), which will take effect on June 1, 2021, and the recent amendments to…
Interim Measures for Implementation of the Amended Patent Law in the PRC
On May 25, 2021, the China National Intellectual Property Administration (CNIPA) issued the interim measures for processing of related examination businesses regarding the implementation of the amended patent law (the Measures).[1] Both the Measures and the amended patent law…
Patent Linkage Registration Platform Launched in China for Public Testing
The Center for Drug Evaluation (CDE) of the National Medical Products Administration (NMPA) launched a patent information registration platform for public testing of drugs approved in the People’s Republic of China (PRC).[1] The CDE further specified 1) patents eligible…
Provisions Issued on Technical Investigators Participating in Disputes Over Patent and Layout Design of Integrated Circuit
On May 7, 2021, the China National Intellectual Property Administration (CNIPA) issued the Provisions Concerning the Participation of Technical Investigators in the Handling of Cases of Administrative Adjudications Involving Infringement Disputes over Patent and Layout Design of Integrated Circuit (Interim). Issuance…
RIMOWA GmbH v. Jiashan Keyue Luggage Co., No. 7 [2019], Final, Civil Division, Zhejiang High People’s Court
On May 15, 2019, the Zhejiang High People’s Court (the Appellate Court) reversed the trial court decision and found the defendant infringing the plaintiff’s Chinese Patent No. ZL 200880118796.3. The Appellate Court concluded that the term “the luggage strap .…
The PRC People’s Courts and Governmental Authorities Issue White Papers and Model Cases regarding IP Protection
Following our last blog post, there have been numerous additional developments in the PRC IP space around World Intellectual Property Day. Those developments include the following press conferences and reports on the IP protection condition and identification of certain IP model…
The PRC People’s Courts Issue White Papers and Model Cases Regarding Judicial IP Protection
During the last week, and to mark the World Intellectual Property Day (April 26, 2021), the People’s Court in several jurisdictions held press conferences to summarize the judicial IP protection progress made during 2020 and released lists of noteworthy cases. Some of…
China’s National Legislature Advances Changes to Trademark Law
The Standing Committee of the National People’s Congress announced amendments to the Trademark Law of the People’s Republic of China on April 23, 2019.
The new amendments address three primary issue areas:
…