A new global trade war is brewing between China and the West over licenses for standard essential patents (SEPs), which are supposed to be granted under FRAND (fair, reasonable and non-discriminatory) terms. Chinese companies are increasingly trying to obtain cheaper licenses for their cell phones via anti-suit injunctions (ASI). Experts are already talking about an… Continue reading Anti-Suit Injunction (ASI): The Global Legal Battle over SEP Licenses
Category: Patents
China Is Creating a Huge Reservoir of Prior Art
When it comes to patents, the U.S. increasingly finds itself at a disadvantage in the innovation race with China. For example, AI patent applications from China significantly outpace those from the U.S., which means that China’s patent applications hurt U.S. innovators because they create a huge reservoir of “prior art.” This dramatically increases the amount… Continue reading China Is Creating a Huge Reservoir of Prior Art
China Reports IP Data from 2020
In January 2021, the China National Intellectual Property Administration (CNIPA) released the 2020 statistics on patents, trademarks and geographical indications (GI). According to the data, Chinese IPRs were not affected by Covid-19 in 2020, and in fact rose to a new level. This can be seen in three areas. For example, CNIPA granted a total… Continue reading China Reports IP Data from 2020
CSCS is Extended to the Field of IPR
China intends to expand the Corporate Social Credit System (CSCS). In the IPR field, it is intended to establish an IPR Credit System to strengthen the protection of rights holders and fight counterfeiters. So far, the application of the CSCS in the field of IPR is still limited to serious infringements of patents and to… Continue reading CSCS is Extended to the Field of IPR
New Regulation in Patent Law
China strengthens the interests and rights of patent owners, including punitive damages and provisions on abuse of patent rights. In current judicial practice, due to the non-substantive examination for utility model and design applications, malicious applicants apply for and are eventually granted patents that do not meet patent requirements. These malicious applicants then use their… Continue reading New Regulation in Patent Law
Expansion of Design Protection
An amendment to China’s Patent Law, which comes into effect on June 1, 2021, will provide more protection for designs in the future. Registered designs (design patents) are intended to protect the aesthetic and commercial value of a product, but were previously only valid for ten years. This meant that valuable designs could be legally… Continue reading Expansion of Design Protection
Improved Patent Law in The Pharmaceutical Industry
There is movement in the Chinese pharmaceutical IP: On 17 October 2020, the Standing Committee of the National People’s Congress formally adopted the fourth amendment to the Chinese Patent Law. The new law will enter into force on 1 June 2021 and will be of great importance for pharmaceutical companies in China, as it contains… Continue reading Improved Patent Law in The Pharmaceutical Industry
The Genie in the Bottle: Know-how Protection for Start-ups
The consequences of the loss of know-how are far costlier than its protection. With start-ups, it is not uncommon for the entire investment to be at stake. For start-ups, further specific challenges appear besides the typical risks of know-how outflow. Start-ups, for example, face further challenges due to their open communication culture in coworking spaces… Continue reading The Genie in the Bottle: Know-how Protection for Start-ups
Antimonopoly Directive Restrict Intellectual Property
The Anti-Monopoly Bureau of China’s State Administration for Market Regulation (SAMR) has published the Anti-Monopoly Guidelines on Intellectual Property Rights (“IPR Guidelines”). This long-awaited Directive aims to prohibit the use of intellectual property rights if they eliminate or restrict competition. The Guidelines also provide clearer rules and guidance on monopoly of intellectual property rights. Chinese… Continue reading Antimonopoly Directive Restrict Intellectual Property
The New Civil Code of the PRC and Intellectual Property
The new Civil Code of the PRC, which will come into force on 1 January 2021, consolidates and elaborates some existing laws. It does not have a dedicated IP part, so the lex specialis such as the Patent Law, Trademark Law, Unfair Competition Law and Copyright Law will remain in force. What is the impact… Continue reading The New Civil Code of the PRC and Intellectual Property
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