IP News

In March 2019, China continually revised a number of laws and administrative regulations. In the context of strengthening intellectual property protection, changes in various regulations involve foreign-related intellectual property rights. The follo

I. On March 15, 2019, the Second Session of the 13th National People’s Congress voted to pass the Foreign Investment Law of the People’s Republic of China, replacing the original Sino-foreign Joint Venture Enterprise Law, Foreign Enterprise Law, and the Sino-foreign Cooperative Enterprise Law (i.e., three laws relating to foreign investment). It will take effect on January 1, 2020.

Names of public figures cannot be registered as trademarks

On January 11, the Supreme People’s Court issued “Provision by the Supreme People’s Court on certain issues about trial of trademark licensing and right determination administrative cases”. The judicial interpretation included 31 articles and was implemented on March 1, 2017.

Decision to amend Guidelines for Patent Examination

On March 1, 2017, SIPO issued “Decision of SIPO to Amend Guidelines for Patent Examination” which was to be implemented on April 1, 2017. The content of the Decision is the same as “Draft for Amending Guidelines for Patent Examination” issued on October 28, 2016.

SIPO issues main work statistics for 2016

SIPO of China has issued main work statistics for 2016. In 2016, SIPO accepted 1339 thousand invention patent applications, witnessing a year-on-year increase of 21.5% and becoming the world champion for the sixth consecutive year. 404 thousand invention patents were granted, including 302 thousand domestic ones; the number had grown 39 thousand as compared with 2015 and represented a year-on-year increase of 14.5%. Among the granted domestic invention patents, 91.4% (276 thousand) were service inventions and 8.6% (26 thousand) were non-service inventions.

Trademark Office simplifies trademark application materials and formalities

On December 29, 2016, the Trademark Office issued a notification to simplify some trademark application materials and formalities.

China Trademark Association will crack down unfair competition of agencies

On July 4, 2016, the China Trademark Association published “Notification about Standard Use of Trademark Information by Agency Members”. Solicitation of clients with information not yet published by the trademark office will harm agencies and the order of trademark agency market as a whole.

Statistics from the SIPO of China in 2015

The SIPO of China has published the following statistics about 2015.

Total application volume: 2,798,500 patent applications were accepted in 2015, including 1,101,864 inventions (up by 19% from the same time last year), 1,127,577 utility models and 569,059 designs. Chinese citizens submitted 87.9% of the inventions, 99.3% of utility models and 96.9% of designs.

Notification for deepening the cooperation mechanism of patent law enforcement and right protection in the electronic commerce field

The SIPO has recently issued “Notification for deepening the cooperation mechanism of patent law enforcement and right protection in the electronic commerce field” which states that the collaborative scheduling (Zhejiang) center of patent law enforcement and right protection in the electronic commerce field is to be established.

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