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

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

Blue Sky Project: Strict Monitoring the Trademark Agencies

In China, the first-to-file principle applies: the first person or company to register a trademark becomes the owner of the trademark. One of the biggest problems of foreign companies is trademark registration in bad faith: usually Chinese companies deliberately register the trademark(s) of a foreign company in order to make a profit from its use… Continue reading Blue Sky Project: Strict Monitoring the Trademark Agencies

Epidemic-related Trademark Applications are Rejected in China

It was to be expected: In China, in connection with the epidemic, countless individuals and companies are registering trademarks related to Corona. By 16 March 2020, the China National Intellectual Property Administration (CNIPA) had received more than 1,580 trademark applications in this regard, 328 of which were rejected. CNIPA rejects trademark applications such as “火神山”,… Continue reading Epidemic-related Trademark Applications are Rejected in China

Intellectual Property in China: More, Faster and Better

The China National Intellectual Property Administration (CNIPA) has presented the registration figures for 2019. Foreign applications of intellectual property in China increased again last year. In 2019, the number of patent applications of inventions filed by foreign applicants reached 157,000, an increase of 6% over the previous year. The number of foreign trademark applications rose… Continue reading Intellectual Property in China: More, Faster and Better

Reorganization of GI Protection in China

China’s administrative system for IP protection is currently in the state of reorganization and consolidation into one head organization, CNIPA (China National IP Administration). This means certain delays in processing of particular IP issues – e.g., awarding the status of Famous Trademark has been factually postponed for nearly a year now. Another area that is… Continue reading Reorganization of GI Protection in China

Stricter Control of Experimental Data in China

In the field of pharmaceutical and chemical substances, inconsistencies in the experimental data of a patent application in China can lead to the doubts on patent’s validity. The Higher People’s Court in Peking has decided in multiple cases that submission of incomplete or false data violates the “quid pro quo” principle in disclosing the patent… Continue reading Stricter Control of Experimental Data in China

Great Wall of Consequences

China once again tightens the measures against IP rights infringers and strengthens own control over companies and managers. 38 Chinese state-level authorities signed a Memorandum of Understanding (MOU) on December 5, 2018. Central message of the document is that authorities – including the National Intellectual Property Administration and the Supreme People’s Court – are working… Continue reading Great Wall of Consequences