On December 26, 2024, China’s National Intellectual Property Administration (CNIPA) released the Draft Amendment to the Regulations on the Protection of Integrated Circuit (IC) Layout Designs for comment (集成电路布图设计保护条例修改草案(征求意见稿)). IC Layout Designs are somewhat analogous to design patents or copyrights but specifically for ICs and are not examined substantively. Some highlights of the Draft include: Foreigners must use a Chinese patent agency (Article 5) Good faith requirement (Article 9) Restoration of rights (Article 11) Remuneration for creators required (Article 17) …
Category: New Law, Rule or Implementing Regulation
China’s National People’s Congress Releases Draft of the Anti-Unfair Competition Law for Comment
On December 25, 2024, the China’s National People’s Congress (NPC) released the draft Anti-Unfair Competition Law (AUCL, 反不正当竞争法(修订草案)) for comment. From an IP perspective, the Draft updates Article 7 for newish technology. However, Artificial Intelligence is left out and might warrant a comment, e.g., to prevent LLM hallucinations that cause confusion as to a connection to others. The Draft also adds an extraterritorial Article 40 that might inadvertently snare foreign companies in edge cases. The Draft also covers other areas …
China’s National Copyright Administration and Ministry of Education to Stop Software Piracy in the Education Sector by End of 2027
On December 11, 2024, China’s National Copyright Administration and Ministry of Education released the Notice of Legalization of Software in the Education System (教育部 国家版权局关于做好教育系统软件 正版化工作的通知). The Notice was issued in order to implement the Notice of the General Office of the State Council on Issuing the Measures for the Administration of the Use of Genuine Software by Government Agencies (国办发〔2013〕88号) and aims for “the use of software without the authorization of the software copyright owner will be basically eliminated.”
CNIPA Releases Draft Guidelines for Patent Applications for Artificial Intelligence-Related Inventions
On December 6, 2024, China’s National Intellectual Property Administration (CNIPA) released the Draft Guidelines for Patent Applications for Artificial Intelligence-Related Inventions (人工智能相关发明专利申请指引(征求意见稿)). The Guidelines detail the type of Artificial Intelligence (AI) related patent applications; identification of inventors; subject matter eligibility; disclosure requirements; inventiveness examination; and ethical issues. Excerpts follow. The full text is available here (Chinese only). Comments are due before December 13, 2024.