On November 8, 2024, China’s State Administration for Market Regulation (SAMR) released the Anti-Monopoly Guidelines for Standard Essential Patents (SEPs) (标准必要专利反垄断指引). Per Article 1 of the Guidelines, the purpose of the Guidelines is to “prevent and stop the abuse of standard essential patents to exclude or restrict competition, protect fair competition in the market, encourage innovation, improve economic efficiency, and safeguard consumer interests and social public interests.” The Guidelines follow up on a draft for comment from SAMR issued on …
CNIPA Releases 2024Q3 Patent Data – Invention Patent Grants Up 17%, Utility Model Grants Continue to Decline
China’s National Intellectual Property Administration (CNIPA) recently released patent grant data for the third quarter of 2024. Year-to-date (YTD), invention patent grants are up by 118,658 versus 2023 Q3, an increase of almost 17%. On the other hand, utility model grants declined from 1,596,992 to 1,510,377, a drop of 86,615 utility model grants. Design patent grants also declined versus 2023 Q3 with 462,123 design patent grants YTD versus 487,977 granted year-on-year.
CNIPA Publishes Report on the Development of the Construction of an Intellectual Property Power (2024)
On October 30, 2024, China’s National Intellectual Property Administration (CNIPA) published the Report on the Development of the Construction of an Intellectual Property Power (2024) (知识产权强国建设发展报告(2024年)), which reports on the status of the Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035). The Report was released by the Office of the National Intellectual Property Power Construction Inter-ministerial Joint Conference.
China’s CNIPA and SAMR Release Notice on Method for Calculating Illegal Business Turnover in Trademark Infringement Cases
On October 30, 2024, China’s National Intellectual Property Administration (CNIPA) and State Administration for Market Regulation (SAMR) jointly released the Notice on Method for Calculating Illegal Business Turnover (Volume) in Trademark Infringement Cases (商标侵权案件违法经营额计算办法). The Method will be used for calculating penalties outside of the judicial system in administrative enforcement. While administrative enforcement will not yield damages, the SAMR can levy high penalties that may work as effective deterrents. For example, the Shenzhen Municipal Administration for Market Regulation issued an …