On February 9, 2021, the China National Intellectual Property Administration (CNIPA) released the Administrative Ruling Measures for the Early Resolution Mechanism for Drug Patent Disputes (Draft for Solicitation of Comments) (药品专利纠纷早期解决机制行政裁决办法（征求意见稿)). This follows on the drafts of the Supreme People’s Court Patent Linkage Litigation Regulations and the joint National Medical Products Administration and CNIPA’s Implementing Measures for Drug Patent Dispute Early Resolution Mechanism issued last year. Patent linkage was introduced in Article 76 of China’s amended Patent Law to take …
Category: New Law, Rule or Implementing Regulation
China’s National People’s Congress Passes Amended Criminal Law Adding an Economic Espionage Article and Increasing Prison Time for Intellectual Property Crimes
On December 26, 2020, the Twenty-Fourth Meeting of the Standing Committee of the 13th National People’s Congress of China voted to pass the “Amendment to the Criminal Law of the People’s Republic of China (11)” (中华人民共和国刑法修正案（十一）), which will go into effect on March 1, 2021. The Criminal Law includes several articles for intellectual property crime and the amendments increase the maximum sentencing term. The amendments also add a new article somewhat similar to the US’ Economic Espionage Act potentially in …
China to Allow Foreign Patent Firms to Open in 3-Year Pilot Program
On December 25, 2020, the China National Intellectual Property Administration (CNIPA) announced (国知办函运字〔2020〕1154号) a 3-year pilot program to allow foreign patent firms to open up representative offices in Beijing and Jiangsu province. This is somewhat similar to what is already permitted for foreign law firms.
China Releases Amended Patent Examination Guidelines Focusing on Pharma and Biotech
On December 14, 2020, the China National Intellectual Property Administration (CNIPA) released the Announcement of the CNIPA on Amending the Patent Examination Guidelines (No. 391) (国家知识产权局关于修改《专利审查指南》的公告（第391号)). This set of amendments focuses on pharmaceutical and biotech patent applications. The amended Guidelines go into effect on January 15, 2021.