China’s Recent Pilot IP Precedents System
Inthe past several years, the Supreme People’s Court (“SPC”) of China has been working on establishing a precedent system appropriate for China. In 2010, the SPC launched the Guiding Cases System (“GCS”). Under the GCS, the SPC each year selects and publishes certain representative cases from all level of courts as Guiding Cases. The Guiding Cases are for the purpose of interpreting, clarifying or refining written laws if the law is too general, hasambiguities or holes. Courts nationwide should “refer to”theGuiding Cases when handling c...
Be careful with post-filing experimental data
By: Hui Zhang, Dani Min, Yuxin Jiao of ZY Partners, Feb 9, 2017
A positive view is spreading on post-filing experimental data in China since the recent official post of the proposed revisions to the Guidelines for Patent Examination (the “Guidelines”) by the State IP Office (the “SIPO”) of China. People tend to think that the window is about to open to post-filing experimental data, just like it is to software and business method patents. Some applicants have prepared to submit responses with such data to overcome relevant objections. However, we would say the situat...
China may lift curbs on software patents:
By: Yuqing FENG, Eddie Wang, Richard Huang, Hui Zhang of ZY Partners
In an effort to further enhance protection of Intellectual Property Rights (IPRs) and to promote implementation of the innovation-driven development strategy, the State Intellectual Property Office (SIPO) of China posted online proposed revisions to Guidelines for Patent Examination to solicit public opinions from 28 October to 27 November 2016. The new guidelines are expected to be promulgated and implemented in early 2017.
The proposed revisions include the patent eligibility of computer software and business method,...
CHINA TRADEMARK CASE STUDY 2015
The Supreme People’s Court (“SPC”) is the highest judiciary in China, presenting rules and guidance on law application through issuing judicial interpretations and case decisions (majority of cases are retrials). In the year of 2015, the SPC re-tried around 65 cases involving trademark validity. We are proud that some cases handled by ZY Partners are selected as the SPC’s guiding cases.
Below is a summary of some landmark trademark cases issued by the SPC in 2015 and by Beijing courts in the recent two years.
Assessment of similarity of marks/goods
A Digest Review of the Third Amendment of China Trademark Law
After discussions and consultations for nearly 12 years (the Second Amendment was made in October 2001), the Third Amendment of Trademark Law (“Third Amendment”) was finally passed on August 30, 2013 at the bimonthly session of the Standing Committee of the National People's Congress (NPC), China's top legislature. The Third Amendment primarily aims to crack down bad faith applications and enhance efficiency of trademark examination and review. The new law will enter into forceas ofMay 01, 2014.
Detailed information is set forth below:
Ÿ Trademark Application - Electron...
SIPO issued its draft “Employment Invention Regulations
SIPO issued its draft “Employment Invention Regulations” for public comments on November 12. It is a bit surprising that the time available for commenting is shorter than one month.
According to the explanatory note issued at the same time, the SIPO is doing this to fulfill a legislative agenda as set out in a national strategy document. Very few people seemed to have noticed this item in the agenda before.
One of the focal points in the draft regulations is the inventor remuneration. This means that employers are obliged to pay certain amount of awards and remuneration to ...
Trademark Law Amendment Pending for Approval by National People's Cong...
On October 31, State Council officially approved the draft amendment of the trademark law. Now the draft will be sent to the National People's Congress for ratification. The amendment may be finally becoming the law this December.
The latest version is not publicly available. The state media reported that the amendments have addressed the issue of bad faith filings and enforcement issues.
Update on the 2012 Amendment to the Civil Procedure Law
On August 31, 2012, China’s National People’s Congress (NPC) passed the amendment to the Civil Procedure Law. This amendment covers more than 100 provisions in the existing law with a view to alleviating the burden on the judiciary system from a fast growing case load and ensuring an effective execution of judgments. The law implements a number of noticeable reforms, such as allowing preliminary injunctions in all types of civil claims, increasing the transparency and standard of the courts through prosecutorial supervision of enforcement of court judgments, and tightening up the p...
New Rules on Transfers (Referrals) in China
On September 12, 2012, the State Council issued a new set of rules on transfers of IP administrative enforcement cases to criminal enforcement authorities. Transfer (yi song) has been a key issue that the government tries to resolve in responding to the concerns from IPR owners.
Many companies have been complaining that administrative authorities refused to transfer those cases where criminal liabilities should be imposed for criminal investigations. Chinese governments have issued a number of rules in the past and the new notice is another example of the efforts.
A few arguably new th...
SCLAO released more details about the draft amendment to the Trademark...
Mr. Zhang Jianhua, Director General of the Division of Education, Science, Culture, and Health of SCLAO, just revealed the changes to be made to the Trademark Law.
Among what we already know of, here are notable things:
Office actions: The amendment proposes to allow TMO to use office actions in the prosecution process, giving opportunities for applicants to amend the specification without filing new applications.
Opposition: The current law allows anyone in the public to file oppositions. The proposed amendment will impose certain conditions about who is eligible to oppose a preli...
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