In April 2020, the Supreme Court of the People’s Republic of China published the amended draft Provisions concerning interpretation of certain norms of the patent law and its implementing regulations about the administrative litigation of patent rejections and invalidations.[1] The Provisions offer the Supreme People’s Court the opportunity to address new issues and matters not … Continue Reading
Recent cases of trademark theft involving Chinese employees of US companies and China’s ever rampant phenomenon of trademark squatting have emerged as very critical areas of dispute between China and several Western countries. On April 23, 2019, two new sets of regulations were adopted by China’s State Council addressing these concerns. Both introduce more effective … Continue Reading
The theme for this year is “Reach for Gold: IP and Sports.” Accordingly, the Global Intellectual Property & Technology Blog would like to acknowledge the contributions of all innovators and creators involved in sports, as well as the commitment of the professionals who help secure and enforce their intellectual property and resolve intellectual property issues. … Continue Reading
Paolo Beconcini authored a piece looking at the China Trademark Office’s draft regulation, titled “Several Provisions on Regulating the Application for Registration of Trademarks,” that is now open for public comment. Beconcini wrote that this draft is the first attempt at providing a vetting system to spot and reject fraudulent trademark applications by malicious squatters and … Continue Reading
The beginning of 2019 brought about two important changes to trademark filing and prosecution proceedings in China. These changes will impact all brand owners. Update of the China Goods and Service Classification Effective January 1, 2019, the China Trademark Office (CTMO) has adopted a new 2019 version of the classification table. Goods and service specifications … Continue Reading
The Beijing IP Court has exclusive jurisdiction over appeals concerning rejection and invalidation of trademarks in China. To initiate an appeal to this Court, foreign companies must provide a notarized and legalized power of attorney and a legalized certificate of good standing of the foreign company. Until recently, it was an accepted practice to have … Continue Reading
In September 2018, Beijing inaugurated China’s second internet court, or “NetCourt,” just one year after China’s first NetCourt opened in the city of Hangzhou. Two more NetCourts have opened in Beijing and Guangzhou. What are these courts? What matters do they adjudicate? How are they relevant to foreign businesses?… Continue Reading
In China, to succeed in an intellectual property (IP) infringement lawsuit, it is beneficial to have the case heard in a court that specializes in IP disputes (e.g., the IP courts in Beijing, Shanghai and Guangzhou). Securing a court that is away from the domicile of the infringer may also be beneficial, as it will … Continue Reading
As part of larger institutional reorganization schemes, the Chinese government has recently issued a draft statute for the reform of the State Intellectual Property Office (SIPO). SIPO, until now an agency subordinated to the executive branch (i.e. the State Council), will be organized under a newly created super agency in charge of IP and product … Continue Reading
