2 June 2021
Laws & Regulations
CNIPA: Key Points of Work in 2021
国知局发布2021年工作要点
Date: 2021-05-19
Recently, the CNIPA released the key points of its work in 2021. In accordance with the requirements and arrangement of the National Conference on Market Supervision and CNIPA Directors Meeting, the CNIPA will firmly promote the comprehensive and strict governance of the party with higher standards, complete the top-level design of career development, strengthen the creation, protection, application, management and service of intellectual property in all aspects, strengthen international cooperation in intellectual property protection with greater efforts, and promote the steady progress and high-quality development of intellectual property.
Among the general objectives of the key points, the following actions were proposed:
– To promote industrial development, improve the accounting and release mechanism of the added value of patent-intensive industries, implement in-depth trade mark and brand strategies, and initiate the implementation of geographical indications to assist rural revitalization.
– A number of patent navigation projects were implemented to help solve bottlenecks in relation to national key core technologies.
– With the implementation of industrial foundation reengineering projects, achieve good outcomes in the creation and reserve of relevant intellectual property rights.
– Layout and build a number of industrial intellectual property operation centers in key industrial fields, promote the smooth and stable industry supply chain through intellectual property, and promote the integration of patent navigation into the innovation decision-making process.
– In accelerating the construction of relevant legal systems, the CNIPA will comprehensively revise the implementation rules of the Patent Law and complete modifications to the Patent Examination Guide accordingly.
– Further revise trade mark law research and arguments, strengthen the legislation on geographical indications, and actively promote the revision of the " Measures for the Administration of Trade mark Agents" and "Trade mark Examination and Trial Standards".
– Research and develop rules for the protection of intellectual property rights in new fields and new industries such as big data, artificial intelligence and genetic technology.
– Promote the organic unification of standards for examination and authorization, administrative law enforcement and judicial adjudication.
– Strengthen the construction of a guidance system for the administrative enforcement of intellectual property rights.
– Increase the efforts in the administrative adjudication of patent infringement disputes, combat all types of infringement in accordance with the law, and strengthen technical support for the inspection and identification of intellectual property infringement disputes.
Source: https://www.cnipa.gov.cn/art/2021/5/19/art_92_159514.html
CNIPA and SAMR Jointly Issued the Guiding Opinions on Further Strengthening the Protection of Geographical Indications
国知局、国家市场监督管理总局联合发布《关于进一步加强地理标志保护的指导意见》
Date: 2021-05-21
In order to further strengthen the protection of geographical indications and strengthen the management of geographical indications, the CNIPA and the SAMR issued the "Opinions on Strengthening the Protection of Intellectual Property Rights" (the "Opinion"), which proposes to consolidate the basis for the protection of geographical indications and improve its protection system, strengthen the administrative protection, promote the coordinated protection of geographical indications, and strengthen the organizational protection of geographical indications in several aspects.
Among the proposals, the Opinion points out that it is necessary to severely crack down on the infringement and counterfeiting of geographical indications, strengthen law enforcement inspections and daily supervision in accordance with the "Product Quality Law of the People's Republic of China" and other relevant provisions of the "Trade mark Law of the People's Republic of China" and "Anti-Unfair Competition Law of the People's Republic of China". The Opinion also encourages the crack down on illegal activities such as the production and sales of counterfeits and unauthorized use of geographical indications, and the regulation of geographical indications in marketing and product packaging. Regulation and crackdown should be strengthened on the free riding behavior of geographical indications such as the paraphrasing, transliteration, translation or labeling "type", "variety", "style" and "imitation" on the same or similar products. Strictly supervise and investigate illegal activities of users of special geographical indications who fail to organize production according to the management norms or relevant management rules. Strengthen the connection between administrative law enforcement and criminal justice in the field of geographical indications, and improve the level of law enforcement protection of geographical indications overall.
We have also recently published in the World Trademark Review, Susan Fan uncovers the effects of the EU-China Agreement on Geographical Indications, please click here to view the article.
Source: https://www.cnipa.gov.cn/art/2021/5/21/art_75_159563.html
CNIPA Published the Notice on Strengthening the Work related to the Protection of Well-known Trade marks in Trade mark Infringement Cases
国知局发布《关于加强查处商标违法案件中驰名商标保护相关工作的通知》
Date: 2021-05-11
In November 2019, the CNIPA issued the "Notice on Strengthening the Investigation and Prosecution of Well-known Trade mark Protection in Trade mark Infringement Cases" (the "Notice"). Since the Notice was issued, significant results have been achieved, but there remain problems in some areas. In order to help localities accurately understand the requirements of the Notice and improve the level of protection of well-known trade marks, the CNIPA has issued guidance on the understanding and application of the Notice.
The Notice points out that it is necessary to investigate and handle well-known trade mark cases in strict accordance with statutory authorities and time limits, effectively regulate the application and use of well-known trade marks and highlight key points to effectively strengthen the protection of well-known trade marks.
Source: https://www.cnipa.gov.cn/art/2021/5/11/art_66_159291.html
Arbitration is also the preferred method of dispute resolution for cases involving China because foreign judgments are not enforceable there. While the Chinese courts are an option – and despite the substantial improvement in the Chinese IP litigation system – many parties prefer to arbitrate dispute rather than litigate.
The COVID-19 pandemic has seen intense cooperation efforts in the pharmaceutical and life sciences areas as well as significant leaps in the development and use of technology, all of which may in the longer term lead to disputes over the scope and terms of the cooperation agreements and rights to inventions and other developments.
Rouse’s Global Head of Dispute Resolution, Doug Clark, will talk about how he sees the future of IP dispute resolution in Asia, focussing on China, as well as the various options for arbitration IP disputes in Asia. In doing so he will discuss key issues that have arisen in recent arbitration disputes he has handled both as an arbitrator and as counsel.
Global Head of Trade Marks, Rouse
rtan@rouse.com
