On May 7, 2025, China’s National Intellectual Property Administration (CNIPA) released the Notice of the State Intellectual Property Office on deepening the “Blue Sky” campaign to strengthen the comprehensive governance of the intellectual property agency industry (国家知识产权局关于深入开展“蓝天”行动 强化知识产权代理行业综合治理的通知). The Blue Sky Campaign is somewhat similar to but more comprehensive than the USPTO’s recent launch of the Patent Fraud Detection and Mitigation Working Group. The Notice states that CNIPA will regulate agency behavior by 1. rectifying the behavior of patent agents …
Category: New Law, Rule or Implementing Regulation
China Releases Regulations on the Protection of New Plant Varieties
On May 1, 2025, China’s State Council released the Regulations on the Protection of New Plant Varieties (中华人民共和国植物新品种保护条例). Major changes in the Regulations include extending the term of variety rights for woody and vine plants from 20 years to 25 years and for other plants from 15 years to 20 years. Further, preliminary examination should be reduced from 6 months to 3 months. China has been emphasizing new plant varieties infringement this year with these Regulations, a 53 million RMB verdict in a new plant …
China’s National Intellectual Property Administration Releases RFC for Draft Patent Examination Guidelines Targeting Video Codecs
On April 30, 2025, China’s National Intellectual Property Administration (CNIPA) released a draft amendment for comment of the Patent Examination Guidelines (专利审查指南修改草案 (征求意见)), which is somewhat analogous to the US Patent & Trademark Office’s Manual of Patent Examining Procedure. One of the main proposed changes is the addition of a section tightening examination standards for video codec patent applications. CNIPA explained, in part, that the purpose of the addition was to “provide the right holder with the option of claiming …
China’s Supreme People’s Court and Supreme People’s Procuratorate Issue Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Intellectual Property Infringement
On April 24, 2025, China’s Supreme People’s Court (SPC) and Supreme People’s Procuratorate (SPP) jointly issued the Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Intellectual Property Infringement (关于办理侵犯知识产权刑事案件适用法律若干问题的解释). The Interpretation clarifies trademark crimes, patent counterfeiting, copyright crimes, trade secret misappropriation, and common issues arising in IP crimes (e.g., heavier or reduced sentences). The Interpretation is effective as of April 26, 2025.