China IP SME Helpdesk Newsletter

In early November, the State Council, approved the Draft Implementation Rules of the Patent Law, which were highly anticipated since the adoption of the new Patent Law back in 2020. The Draft Implementation Rules “further enhance China's level of patent creation, utilization, protection, management, and services”. Read more about the Draft Implementation Rules in the China IP SME Helpdesk external expert Dr Leslie Xu’s article. The article was first published in the CHANG TSI & PARTNERS Insights.

The Taiwan Intellectual Property Office (TIPO) published a template and Guidelines for Power of Attorney. The Guidelines “address issues of ambiguity and disputes arising from the language and terminology used in power of attorney during the patent formality check procedure”. While the guidelines are in Mandarin, European SMEs should not worry, since the Guidelines are meant to help patent attorneys.

In early November, China’s State Council approved the Implementation Rules of the Patent Law. The Implementation Rules “include details on applications for patent term compensation and extension, new rules for priority claims, administrative enforcement rules, and specific provisions for international design patent registrations under the Hague Agreement”. The implementing rules were highly anticipated, given that the new Patent Law has been in force since 2021.

The Copyright management bureau with the Publicity Department of the Communist Party of China Central Committee announced tightening of supervision on copyright, especially online copyrighted material. According to the official from the Copyright Management Bureau, Tang Zhaozhi, the Copyright Management Bureau “also intensified oversight on piracy on popular online platforms, including livestreaming, e-commerce, videos, music and literature”.