The Hague Agreement Concerning the International Registration of Industrial Designs (Geneva Act, hereinafter referred to as the Hague Agreement) came into force in China on 5 May 2022. This offers a new way to obtain design…
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/ Civil Procedure, Intellectual Property
According to Article 27 of the Chinese Patent Law, where a patent application for a design is filed, documents such as a request, drawings or photographs of the design and a brief description of the design shall be submitted…
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/ Intellectual Property, International Law & Trade, Science, Computers, & Technology
Regarding the examination on novelty of a product claim including a feature of performance or parameters, the Guidelines for Patent Examination provides the following principle:…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
In the era of digital economy, the blooming of digital products has led to the widespread implementation of technical measures to protect these products from unauthorized use. Rights holders frequently employ these measures to…
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/ Civil Procedure, Criminal Law, Intellectual Property, Science, Computers, & Technology
Article 22.3 of the Chinese Patent Law prescribes that: inventiveness means that, as compared with the prior art, the invention has prominent substantive features and represents a notable progress. With regard to the criteria…
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/ Art, Entertainment, & Sports Law, Intellectual Property, Science, Computers, & Technology
As Chinese enterprises’ technological innovation level and their R&D capabilities has grown by leaps and bounds in recent years, it is not uncommon for them to defend based on prior use right in patent infringement disputes…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
Limitation by “parameter features” is a love-hate claim drafting approach. It’s highly praised by applicant/patentee because it leads to great the difficulty in searching and finding prior arts that directly disclose the recited…
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/ Intellectual Property, Science, Computers, & Technology
China, which has enjoyed the reputation of being the “World’s Factory” and an “Important World Market” for many years, has also topped the global list in trademark applications for 20 consecutive years. Due to China National…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
With the rapid economic development in the society, the update and iteration speed of many products, especially electronic products, is accelerating. This situation has also given rise to a huge market for the recycling and…
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/ Intellectual Property
In June 2023, the China National Intellectual Property Administration (CNIPA) released an article “Interpretation of the ‘Regulations on the Circumstances of Suspension of Review Cases’” (the “Interpretation”) on its official…
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/ Civil Procedure, Intellectual Property
In recent years, the examination of whether a trademark sign violates the misidentification clause in trademark authorization and affirmation cases has become increasingly stringent. The number of related trademark refusals and…
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/ Civil Procedure, Intellectual Property
In filing cross-border patent applications, it is a general practice for foreign patent applicant to claim “right of priority” of the prior foreign patent application at the time of filing a Chinese patent application so as to…
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/ Intellectual Property, International Law & Trade
China’s state council issued State Council Degree No. 769 on December 21, 2023 to enact the Implementing Regulations of the Patent Law (Amended in 2023) (hereinafter referred to as “the Implementing Regulations (Amended in…
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/ Health, Intellectual Property, Science, Computers, & Technology
The determination of similar goods, as a constituent element in determining whether infringement exists in trademark infringement cases, has consistently garnered significant attention, and remains a contentious issue. This…
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/ Civil Procedure, Intellectual Property
In recent years, the number of cancellations based on non-use of trademarks for 3 consecutive years has increased year by year. When submitting use evidence to the CNIPA in response to the cancellation, there is a situation…
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/ Intellectual Property, International Law & Trade
