Please join us on February 2, 2023, at 5 PM Pacific Time on zoom to discuss the recently proposed amendments to China’s Trademark Law!
Synthesizing Developments on Linkage from the July 15 Berkeley Program
China’s new patent linkage regime involves parallel civil and administrative enforcement mechanisms. Innovative pharmaceutical companies should prepare for the possibility of generic challengers and determine which mechanism will best suit their purposes. Biologics are not protected under this new regime.
Patent Linkage Legislation Available for Today’s Program
There is still time to register for our program on patent linkage in China for today (July 15, 2021) at 5:00 PM. The registration link is here. Currently the speaker lineup includes: […]
A Season of CNIPA Rulemaking
Several new rules from China’s State Administration for Market Regulation portend a more active role for administrative enforcement of patents, in both patent linkage and major disputes affecting Chinese national interests. How much due process do these rules afford? Are they compatible with the TRIPS Agreement? Will foreigners be treated fairly? Will the administrative agencies be transparent in their decisions and make their cases publicly available. SAMR’s database of IP cases is also relatively new.
There are a number of open issues.
China’s Holiday Gift For Foreign Patent Agents and Agencies
In furtherance of the August 20 Notice of the Ministry of Commerce on “Issuing the Overall Plan for Comprehensively Deepening the Innovation and Development of Service Trade” (商务部关于印发全面深化服务贸易创新发展试点总体方案的通知) (商服贸发)〔2020〕(165号), CNIPA issued two […]
Patent Data in a Pandemic
China’s first 10 month 2020 data shows a market increase in utility model patent applications. Is this a response to the pandemic? How does the data compare to USPTO filings for this period?
The Cart Before the Horse in China’s Patent Linkage Regime
Judicial involvement in this legislation is needed to harmonize the legal complexities of patent linkage which complex issues of patent law, civil law, administrative law, and pharmaceutical regulation.
Draft NMPA and CNIPA Rules on Patent Linkage Released for Public Comment
China’s National Medical Products Administration on September 11, 2020, in conjunction with the China National IP Administration released the draft “Implementation Measures for the Early Resolution Mechanism for Drug Patent Disputes (Trial) […]
Is It In There – CNIPA’s “Phase 1” IP Action Plan?
CNIPA released on April 20, 2020, its 2020-2021 Implementation of the “Opinions on Strengthening the Protection of Intellectual Property” Promotion Plan” (2020—2021年贯彻落实《关于强化知识产权保护的意见》推进计划) (the “Promotion Plan”). Attached are a copy of the Promotion […]
A Statistical Snapshot of IP Prosecution, Admin. Enforcement and Monetization for 2018
As reported by zhichanli, CNIPA (the new agency formed from SIPO, SAIC and AQSIQ’s – IP authorities within the State Administration for Market Regulation) held a news conference on January 10 to […]
China IPR - Intellectual Property Developments in China 