Comments on the PRC Trademark Law Amendments

by Joe Simone


The National People’s Congress (NPC) issued a draft revision of the PRC’s Trademark Law for public comment in December, setting a deadline of January 31, 2013, for the receipt of comments.  The NPC’s Standing Committee is expected to pursue two or three readings of the draft before enacting it, perhaps as early as mid-2013.  The NPC is unlikely to provide further drafts for public comment. Continue reading

Big Increase In Administrative Patent Infringement Cases in 2012

Original article from Xinhua:

At the 8th Commissioner Meeting of the State Intellectual Property Office, Tian Lipu, Commissioner of the State Intellectual Property discussed the progress made by the office in 2012. SIPO has seen a large increase in disputes received by the office. Notably, there were a total of 2510 cases of patent disputes (including 2232 cases of patent infringement disputes, 278 cases of other patent disputes), 6512 cases of counterfeit patent cases, for a total of 9022 cases handled by SIPO in 2012, more than twice the caseload of 2011.

SIPO has also achieved remarkable results in its intellectual property rights protection and enforcement system. In 2012, SIPO continued to make improvements through a variety of special actions designed to better conditions, local coordination, and infrastructure for patent protection and enforcement.

Looking forward to 2013, China will continue to make progress on the development of its intellectual property laws, with a particular focus on the revision of its Patent Law, drafting of its Service Inventor Remuneration Regulations, and the revision of the Regulations on Patent Commissioning.

Additionally, SIPO will formulate programs to promote local intellectual property protection capabilities, to further develop the “special actions” of intellectual property rights enforcement, to establish a quick mediation mechanism for handling patent disputes, and to establish a number of new offices around key areas and industries.
Translated by Jae Zhou, Fordham Law School