Patent Exhaustion, Implied License and Contributory Infringement
Taking the Iwncomm v. Sonycase as an illustration On March 22, 2017, the Beijing IP Court (the “trial court”) issued a decision on a high-profile case Iwncomm v. Sony concerning infringement of a standard essential patent (SEP). This case has drawn extensive attention in China’s IP community because it is the first SEP-based injunction granted by a Chinese court, and it involves quite a few issues lack of clarifications in the patent practice, such as patent exhaustion, implied license, contributory infringement, and divided infringement on multi-step claims. This arti...   Continue reading »

Inventiveness of Pharmaceutical Polymorph Patents in China
Pharmaceutical polymorph patents are regarded as effective means and important secondary pharmaceutical patents to extend the life cycle of pharmaceutical patent protection. However, the inventiveness evaluation criteria for pharmaceutical polymorph patents have become much stricter in China while the amount of patent application keeps soaring. The clinical research of pharmaceutical polymorphs commenced in 1950s internationally though, it was until in mid-1990s did Chinese research institutions and pharmaceutical enterprises recognize the importance of pharmaceutical polymorphs after the fir...   Continue reading »

China’s Specialized IP Courts
1. Background In June 2008, China announced the Outline of National IP Strategy (“IP Strategy”), which set up a roadmap for China to become a country of high level of IP creation, utilization and protection by 2020. As a key part of the IP Strategy, China committed to carry out a number of judicial reforms to strengthen the protection of IP rights. One of the most promising reforms is that China would consider establishing centralized jurisdiction over some hi-tech cases, particularly patent litigations. Also, experiments would be conducted on the “three-in-one&rdquo...   Continue reading »

China’s Recent Pilot IP Precedents System
1. Background 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...   Continue reading »

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...   Continue reading »

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,...   Continue reading »

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 Likeli...   Continue reading »

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...   Continue reading »

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 ...   Continue reading »

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.   Continue reading »

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