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 …
Category: New Law, Rule or Implementing Regulation
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 …
China’s Ministry of Justice and the National Development and Reform Commission Issue “Law of the People’s Republic of China on Promoting Private Economy (Draft for Soliciting Opinions)”
On October 10, 2024, China’s Ministry of Justice (MOJ) and the National Development and Reform Commission (NDRC) issued “Law of the People’s Republic of China on Promoting Private Economy (Draft for Soliciting Opinions)” (中华人民共和国民营经济促进法(草案征求意见稿)) including several intellectual property provisions. This Draft may evidence further pushback against economic policies that have hurt China’s private companies and discouraged foreign investment. China has already released a “flurry of stimulus measures” and relaxed home buying restrictions in several cities. China’s Finance Minister Lan is …
CNIPA Releases 4th FAQ on Patent Open Licensing – Handling of Relevant Legal Formalities
On August 28, 2024, China’s National Intellectual Property Administration (CNIPA) released the “Frequently Asked Questions about Patent Open Licensing Business- Handling of relevant legal formalities” (专利开放许可业务常见问题解答-相关法律手续业务的办理). Patent open licensing “means that the patentee voluntarily declares to the National Intellectual Property Administration in writing that he is willing to license any unit or individual to implement his patent, and specifies the payment method and standard of the license fee, which will be announced by the National Intellectual Property Administration and implemented …