China IP SME Helpdesk Newsletter

Many SMEs might be a little confused about the sub-class system in China’s Trade Mark Law. In this article, the Helpdesk external expert Mr. Jian Xu explains in practical and easy to understand terms why paying attention to sub-classes is extremely important when applying for your trade mark registration in China. Mr. Xu also highlights the common problems with international Madrid System applications and how to overcome them. Because of the potentially complicated sub-class system, the Helpdesk recommends consulting with legal experts experienced in China’s Trade Mark Law when applying for trade mark registration in China.

In July 2021, the Supreme People’s Court issued the second Judicial Interpretation on new plant varieties titled the “Several Provisions on the Specific Application of Law in the Trial of Dispute Cases of Infringement on the Right to New Plant Varieties”. The 2nd Judicial Interpretation aims at strengthening the protection of breeders’ rights, while striking a balance between the interests of farmers and the protection of the rights of the breeders. In summary, the 2nd Judicial Interpretation clarifies the exceptions to plant variety protection, reverses in some cases the burden of proof from the rights holder to the infringer, establishes the infringer’s legitimate source defense and imposes measures against tampering with evidence amongst others.

Good news, as the China’s State Council approved foreigners taking Chinese patent bar exam to become patent agents. SMEs could soon expect to find foreign patent agents who can assist with drafting patent applications and handling the whole application procedure either in English or in their own language. The pilot project currently covers Beijing, Suzhou, Nanjing and Guangzhou.

From 1st of January 2022, the China National Intellectual Property Administration (CNIPA) shall no longer issue paper certificates of trade mark registration. Trade mark owners would need to log on to the CNIPA Trade Mark Office website to access their digital certificates. Your trade mark agent can further explain, how you can access your certificates.