china
China introduces compensation for patent terms
By AWA | Posted on December 15, 2020
On October 17, 2020, the Standing Committee of the 13th National People’s Congress passed amendments to the PRC Patent Law, which come into force June 1, 2021. The amendments cover three key areas: 1) Strengthening the protection of the legitimate rights and interests of patentees; 2) Promoting the implementation and application of patents; and 3)...
Tags: china, compensation, innovative drugs, patent terms, patents
Lego’s copyright victory against Lepin in China
By Ai-Leen Lim | Posted on December 14, 2020
Danish toymaker Lego wins another landmark case in China using copyright and anti-unfair competition to protect its market share of the US$15 billion toy and games industry On September 2, 2020, the Shanghai Third Intermediate Court announced sentencing of nine individuals to up to six years imprisonment and fines of RMB 90 million RMB (USD...
China issues Opinions on destroying infringing and counterfeit goods
By Ai-Leen Lim | Posted on October 15, 2020
On August 13, 2020, nine of China’s authorities including the Supreme People’s Court and the State Administration for Market Regulation jointly released the Opinions on Strengthening the Destruction of Infringing and Counterfeit Goods (Opinions). The nine authorities involved are: National Leading Group for Combating Infringement and Counterfeiting, Publicity Department of the Communist Party of China,...
Tags: china, counterfeit, destruction, Infringement, trademarks
CNIPA publishes trademark infringement criteria
By Ai-Leen Lim | Posted on October 15, 2020
To help strengthen and guide trademark law enforcement, provide uniform criteria for law enforcement, strengthen the protection of exclusive rights to use trademarks and create a good business environment, the China National Intellectual Property Administration (CNIPA) has enacted the Criteria for Judging Trademark Infringement (Criteria), which went into effect on June 15, 2020. The Criteria...
China Patent Law Update: Second Reading of Draft Amendments
By AWA | Posted on August 11, 2020
The Standing Committee of the National People’s Congress released the second reading of the draft amendments to the PRC Patent Law in July, with comments on the draft due by August 16, 2020. Compared to the previous draft amendments in 2019, the most significant change reinstates partial design protection. This was suggested in an earlier...
How to fast track patent applications in China through prioritised patent examination
By AWA | Posted on June 24, 2020
The Patent Prosecution Highway (PPH) is often used by applicants to expedite patent examinations. In China, an alternative to speed up examinations is the prioritised patent examination. Prioritised patent examination is not a new concept in China. It was first introduced in 2012 and most recently amended in 2017 in the Administrative Measures for Prioritised...
Tags: china, CNIPA, green technology, new technology, patents, PPH, Priortised Patent Examination
Upcoming amendments to China’s Copyright Law
By Ai-Leen Lim | Posted on June 24, 2020
Long-awaited amendments to China’s Copyright Law introduce punitive damages for the first time, provide greater powers to the authorities when investigating infringement and capture the rapid developments in digital technology First enacted in 1991 and amended in 2001 and then 2010, China’s lawmakers began reviewing the third amendment (Draft) to the Copyright Law on April...
Tags: china, copyright, digital technology, enforcement, Infringement, punitive damages
Faster and Stronger Protection for New Technologies in China
By AWA | Posted on May 22, 2020
There have been a series of amendments to China’s Patent Examination Guidelines over the past year, especially regarding the examination of applications for technologies concerning the internet, AI, big data, block chain and business methods. Unclear issues have been clarified and examination standards unified. Join Xiaofan Chen from AWA Asia’s Beijing office who will discuss...
Tags: AI, big data, block chain, business methods, china, examination guidelines, Internet, patents
China becomes top international patent filer
By AWA | Posted on May 20, 2020
China filed 58,990 applications through WIPO’s Patent Cooperation Treaty (PCT) System last year, ending the US’s stronghold on the top position since the PCT began operations in 1978 by 1,150 applications. The numbers echo a sophisticated and coordinated effort to advance innovation and realise a high-value economy from the Chinese government. This is especially true considering in 1999,...
Tags: BOE, china, Huawei, IPR, Oppo, patents, PCT, Ping An, SPC
Clarifying the patentability of medical use inventions in China
By AWA | Posted on May 20, 2020
At the end of 2019, the new Coronavirus (2019-nCoV) emerged. It has gone on to infect millions of people worldwide and so far, claimed the lives of over a quarter of a million people. COVID-19 has disrupted the world economy like never before. At the same time, it has brought unprecedented global attention to disease...
Tags: china, CNIPA, EPO, Gilead, inventions, JPO, medical use, patents, Remdesivir
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