China IP SME Helpdesk Newsletter

China has recently issued a plan on geographical indications for the 14th Five-Year Plan to enhance and improve GI protection. Amongst others, “the plan proposed 19 major tasks in five aspects such as GIs protection and management, the construction of GI brands, GI characteristic industries and international cooperation”. The plan, together with legislative initiatives, is expected to improve China’s GI protection. In addition, the plan foresees further developing the GI market in China and is likely to increase customers’ appreciation towards GI products.

Please note that the changes to providing electronic priority documents to CNIPA and EPO came to force on 1 January 2022. Electronic priority documents must be now provided via the WIPO DAS system operated by the World Intellectual Property Organization (WIPO). Instructions to the WIPO DAS system can be found on WIPO website.

The China National Intellectual Property Administration (CNIPA) recently published the “Patent and Trademark Examination Plan” under the 14th Five-Year Plan, which sets some quantifiable objectives. For example, it is expected that by 2025, the invention patent examination period would shorten from 20 months to 15 months. Similarly, it is expected that the trade mark registration examination period would shorten from 8 months to 7 months, speeding up the IP registration process in China.

The National Copyright Administration (NCAC) of China recently published its work plan for the 14th Five-Year Plan. The work plan identifies 6 key focus areas including:” legislation, the improvement of the administrative system of copyright enforcement, the application of copyright software, the improvement of the social service system of copyright enforcement, the international copyright enforcement, and the development of the copyright industry”. As for the changes in legislation, the plan envisage the amendment of the “Regulations for the Implementation of the Copyright Law of the People's Republic of China” to improve copyright protection and enforcement.

On January 1, 2022, classification changes made to the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Agreement) came into force. In accordance to the changes in the Nice Agreement, the CNIPA also revised the Similar Goods and Services Classification Table (《类似商品和服务区分表》). As China uses a system of sub-classes, it is important for the SMEs to consult the latest version of the Similar Goods and Services Classification Table before applying for a trade mark in China. Should you have any questions about the classification changes, don’t hesitate to reach out to China IP SME Helpdesk.