The new Chinese Five-Year Plan (2026–2030) reveals China’s strategic intention to establish IP not only as a legal instrument, but also as a fundamental pillar of technological sovereignty and economic competitiveness. The plan aims to transform China from a user of IP systems to a leading designer and beneficiary. To this end, IP legal protection… Continue reading IP in the new Five-Year Plan
Tag: Patents
Taiwan: Burden of Proof Regarding the State of the Art
In a recent decision (2023 Xing Zhuan Su Zi No. 16), the Intellectual Property Court of Taiwan set important standards regarding the burden of proof in assessing inventive step and the admissibility of supplementary experimental data. The case concerned Taiwanese Patent No. I682882, which describes a biodegradable composition. The patent holder faced an invalidation action… Continue reading Taiwan: Burden of Proof Regarding the State of the Art
Certification Marks Secure Trust in China
A certification mark does not serve to distinguish a company from its competitors but guarantees specific quality characteristics of goods or services. Examples include the Fairtrade seal, which ensures fair trading conditions for producers, or the TÜV mark, which confirms safety and quality testing by TÜV. The Blue Angel, which stands for environmentally friendly products,… Continue reading Certification Marks Secure Trust in China
Autonomous Driving: Dealing with Trade Secrets
In the field of autonomous driving, the decision as to whether an invention should be patented or kept undisclosed as a trade secret is increasingly becoming a key factor for future market success. The reason: the employees in this highly innovative, very dynamic and more converging segment of the automotive and digital industries are not… Continue reading Autonomous Driving: Dealing with Trade Secrets
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
All Eyes on China
On December 3, 2019 the World Intellectual Property Organisation (WIPO) released its annual report on global IP activities, covering numbers on patents, designs, trademarks and many more for 2017. Like last year (link to article), WIPO’s central message again is: China is playing a leading role amongst global IP offices, especially when it comes to… Continue reading All Eyes on China
China Introduces a National IP and Technology Appeals Court
On October 26, 2018, the Standing Committee of China’s National People’s Congress (NPC) published a Decision which introduces a new nation-wide appeals court for first instance technology and IP cases. The long-awaited step has first been announced in May, 2018 (link to the article) and will come into force on January 1, 2019. Like China’s… Continue reading China Introduces a National IP and Technology Appeals Court
Dangerous Simplification
Referring to the article “Patentes Märchen” (“patent fairy tale”) in the WirtschaftsWoche magazine No. 42 of October 12, 2018: It is common knowledge that complex issues can only be understood through differentiated analysis. This especially applies to the international patent system. To the German industry, it is well-known that China subsidies Chinese patent applications and… Continue reading Dangerous Simplification
China and EU: First Steps in Harmonization of IP Protection
The new China National Intellectual Property Administration (CNIPA) and the European Patent Office (EPO) set plans for their future cooperation in Munich on September 21, 2018. It was the first meeting of CNIPA and EPO since the Chinese trademark and patent administration merged into a single administration in August (link to the article). CNIPA is,… Continue reading China and EU: First Steps in Harmonization of IP Protection
Chinese Companies Turn the Tables
Not only do Chinese companies register property rights for their intellectual property on a massive scale, but also have their measures of enforcement become more aggressive. The majority of cases brought to Chinese IP courts do not involve, as one might assume, Western companies that defend their IP rights against Chinese forgers, but litigations between… Continue reading Chinese Companies Turn the Tables
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