IP Compliance Guidelines

The Shanghai Pudong New Area Procuratorate has released China’s first intellectual property rights (IPR) compliance guidelines. The goal is to highlight IPR-related risks and drive the establishment of a robust IP compliance system. IP compliance includes patents, trademarks, copyrights, and trade secrets. The guidelines distinguish IPR risks according to their level. For example, changes in… Continue reading IP Compliance Guidelines

China Cracks Down on Bad Faith IP Infringement Cases

The Supreme People’s Court of the PRC is emphasizing the need to step up its crackdown on false and bad faith IP litigation. The relevant document is the “Opinions of the OVG on Strengthening the IP Litigation System to Provide Effective Judicial Services and Ensure the Construction of an IP Stronghold”, published on October 29,… Continue reading China Cracks Down on Bad Faith IP Infringement Cases

Chinese Patent Flood: AI-Powered Search Tool Helps

The ever-growing flood of Chinese-language patents is causing increasing problems for foreign patent attorneys, corporate research and development teams, and in-house counsel. With traditional patent searches, it is not possible to identify and review all relevant IP rights within an acceptable period of time. Limited keywords do not scan the entire technology breadth and may… Continue reading Chinese Patent Flood: AI-Powered Search Tool Helps

Intentional and Punitive Damages in IPR Infringement

Punitive damages are applicable in all areas of IPR infringement and have been steadily improving in PRC legislation in recent years. It is also part of the latest Five-Year Plan through the government’s stated goal of establishing a comprehensive IPR infringement compensation system. The Judicial Interpretation of Punitive Damages for Intellectual Property Rights to Punish… Continue reading Intentional and Punitive Damages in IPR Infringement

China’s Triumph in Robotics

The Middle Kingdom continues to gain ground in the research and development of the robotics industry and can hardly be caught up. This development is clearly visible when looking at the total number of patents in this field. China leads the world in this area by a significant margin, having filed nearly three times as… Continue reading China’s Triumph in Robotics

Patents and Data: Extraterritorial Effect of Chinese Laws

China’s Five-Year Plan calls for the development of a Chinese-style socialist rule of law that also has an impact abroad. The country is to distinguish itself as a first-choice jurisdiction for resolving cross-border disputes and promote the application of Chinese law abroad. International legal and regulatory norms should be amended and the Chinese legal system… Continue reading Patents and Data: Extraterritorial Effect of Chinese Laws

China’s Drug Patent Linkage System

Innovation in China’s patent system: On July 4, 2021, the National Medical Products Administration (NMPA) and the China National Intellectual Property Administration (CNIPA) published methods for the early resolution of drug patent disputes. Thus,  China now has a system of patent linkage. The patent linkage system links the market approval of generic drugs to the… Continue reading China’s Drug Patent Linkage System

Patentability of Software-Related Inventions

Since patents were traditionally intended to protect technical solutions such as those required for mechanical devices, it is still not possible to obtain a patent for a computer program per se. However, there are ways to include software in a patent application. In 2020, the China National Intellectual Property Administration (CNIPA) revised its examination guidelines… Continue reading Patentability of Software-Related Inventions

The New Stamp Duty Law also Reduces the IP Costs

On June 10, 2021, the new Stamp Tax Law of the People’s Republic of China (中华人民共和国印花税法) was passed by the National People’s Congress. It will reduce or even eliminate the stamp tax previously levied on certain legal documents, licenses or certificates issued by an administrative authority. The new law replaces the previous Transitional Stamp Tax… Continue reading The New Stamp Duty Law also Reduces the IP Costs

Undesirable Technology Transfer through Chinese Investment

The method is familiar, what is new is that a lawsuit is being filed over it. Highly innovative U.S. company Icon Aircraft has filed a lawsuit in Delaware Chancery Court against its Chinese majority shareholders, including major shareholder Shanghai Pudong Science and Technology Investment (PDSTI). Icon developed the A5 amphibious aircraft, which set new standards… Continue reading Undesirable Technology Transfer through Chinese Investment