"China IP SME Helpdesk Newsletter" Newsletter Issues

China issues GI protection, application plan for 2021-2025 period (31/01/2022)

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.

NCAC releases work plan under 14th 5-Year Plan (31/01/2022)

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.

CNIPA releases patent and trademark examination objectives for 2025 (31/01/2022)

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.

CNIPA issues notice implementing Nice Agreement Classification changes (31/01/2022)

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.

The Service of Electronic Transmission of Priority Documents between EPO and CNIPA Is Migrated from Bilateral Exchange Platform to WIPO DAS System (31/01/2022)

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.

IP Helpdesk family participating in EU Industry Days and EU Industry Week 2022: Join us for Europe’s annual flagship events in February (16/02/2022)

The 2022 EU Industry Days, organised by the European Commission and key stakeholders, will take place both in Brussels and online in a hybrid format. The extensive virtual exhibition space will feature each of the six IP Helpdesks with their own dedicated information booths.

Protecting IP in China with emerging digital technologies (23/12/2021)

The digitalisation of business has led to the digitalisation of IP protection. In this article, China IP SME Helpdesk external expert Mr. Albert Tsui discusses how new technologies such as blockchain, AI and big data analysis facilitate IP protection and bring down the cost of IP enforcement which is particularly important for the SMEs. For example, blockchain technologies could help SMEs save money and time on evidence collection and function as a cost-effective way of proving ownership in case of large quantities of copyrighted works.

China releases Judging Criteria for Trademark Non-Criminal Law Violations (23/12/2021)

In December, the CNIPA issued the Judging Criteria for Trade mark Non-Criminal Law Violations. The judging criteria will come to effect on 1st of January 2022. It will address non-criminal trade mark infringements and other issues.

China Q3 IP key indicators (23/12/2021)

To improve the quality of patents and trade marks, the CNIPA started cracking down on ‘abnormal’ IP applications. The statistics shows that since the beginning of 2021, the CNIPA has identified around 815 000 patent applications as ‘abnormal’ and asked them to be withdrawn. Similarly, around 376 000 trade mark applications have been identified as ‘malicious’ trade mark registrations and have been denied. CNIPAs actions against bad faith applicants are a good news for the European SMEs wishing to do business in China.

China makes progress in intl IPR cooperation (23/12/2021)

In December, officials of the CNIPA highlighted that China “has made decisive progress in joining the Hague Agreement for the international registration of industrial designs”. Once China joins the Hague Agreement, it would be possible to apply for design protection in China using the international route via the World Intellectual Property Organization. The international filing route could potentially save SMEs some money when protecting their design in multiple countries ad jurisdictions.

Revamping laws to secure IP crown (23/12/2021)

Hong Kong has started public consultations on amending its copyright law to bring it in line with technological developments. It is expected that the amendments “will help tackle online piracy, including streaming, and boost the copyright protection of digital content”. This would be welcomed by the SMEs since copyright protection of digital content has been an issue for companies in Hong Kong for some time.

China patents and trademarks data, at a glance October 2021 (23/12/2021)

For those who are interested in China’s IP statistics, the CNIPA has recently released October 2021 patent and trade mark data. At the Helpdesk we often say that European SMEs underestimate the importance of utility models, the statistics makes it really evident. Out of China’s domestic patent applications (excluding design patent), utility models count for 82%. At the same time international utility model applications only count for 5.5% of China’s international patent applications.

Common IP-related mistakes SMEs make in China (11/01/2022)

VDMA China Chapter and China IP SME Helpdesk have jointly organised a series of webinars to discuss practical intellectual property rights protection in China for the mechanical engineering sector from various perspectives. The 1st session held on 7 December was about the main differences between the intellectual property systems in Europe and China. During this 2nd webinar session the IP Business Advisor will explain how to avoid the most common mistakes and what to do if the mistakes have happened.

THE TEAM WISHES YOU A JOYFUL HOLIDAY PERIOD! (23/12/2021)

Another year has passed - many thanks to all our partners who worked with us. We will keep supporting European SMEs also throughout next year, through one-on-one consultation sessions, trainings and informative materials. See you in 2022!

The 4th CIIE Forum on International Cooperation in Fighting against IPR Infringement and Counterfeiting (26/11/2021)

The Forum on International Cooperation in Fighting against IPR Infringements and Counterfeiting was held as a side event of the CIIE. During the Forum, China’s 14th Five-Year Plan on IP was discussed in greater detail. The 14th Five-Year Plan on IP emphasizes improved IP legislation and enforcement as well as calls for greater international cooperation in the area of IP protection.

China to strengthen crackdown on abnormal patent agent activities (26/11/2021)

Good news for the SMEs that wish to file patent applications in China, the CNIPA is starting to monitor patent agencies more closely and penalize those involved in large quantities of abnormal patent applications. This will, hopefully, discourage the filing of abnormal patent applications, thus ultimately shortening the time needed for patent applications.

Draft revisions to the CN Patent Examination Guidelines (Aug 2021) - Toby's views (26/11/2021)

In August 2021, the CNIPA published another draft of Patent Examination Guidelines for public comments. IP professionals and enterprises have been waiting for these Guidelines for quite some time to clarify how to the new concepts such as the patent linkage system and the open license system introduced by the amended Patent Law would work in practice. In this article, China IP SME Helpdesk external expert Toby Mak shares his thoughts on the draft Patent Examination Guidelines.

China releases first mediation rules for international IP disputes (26/11/2021)

On 29 October, the Mediation Center of the China Council for the Promotion of International Trade released the “Mediation Rules for Intellectual Property Disputes of the Mediation Center of the China Council for the Promotion of International Trade/China Chamber of International Commerce” the Mediation Rules are in line with the international principles of mediation and are China’s first set of mediation rules dealing with IP cases between Chinese and international companies. These rules aim to make mediation a viable IP dispute resolution mechanism in international IP disputes.

Intellectual Property Systems in Europe and China (01/12/2021)

This seminar will provide you with an overview of IP in Europe and China, provide you with main take-aways and best practices and will have you better understand the differences and similarities and how they could apply to your company and/or innovation.

Beijing IP court issues guideline on submitting trade secrets (26/11/2021)

In early November, the Beijing IP Court issued Guidelines on Submitting Trade Secret Cases. The guideline “specify what situations can be identified as trade secret infringement and what evidence should be provided if someone wants to sue the infringers”. The aim of the Guidelines is to facilitate trade secret enforcement, which has often been difficult in China. In addition, the analysis of latest trade secret cases demonstrated that 93% of the cases included a situation where an ex-employee had leaked their former employer’s trade secrets. This underlines the importance of signing non-disclosure agreements with your employees.

Digital Hamburg Summit - China Meets Europe (30/11/2021)

The digital "Hamburg Summit: China meets Europe" 2021 is focusing on post-pandemic cooperation between Europe and China, taking account of China’s growing engagement in the world, the realignment of global value chains as well as changing regulatory. The China IP SME Helpdesk is honored to take part in the IP panel with our Team Leader, Simon Cheetham as well as one of our IP Experts Jörg-Michael Scheil. We are also grateful to have one of the SMEs that has successfully used our services to recount their experiences with the China IP SME Helpdesk.

Six common problems caused by China's Trademark subclass system (26/10/2021)

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.

China’s New Judicial Interpretation on Harmonizing Plant Variety Protection with IP Reforms and Agricultural Policy (22/07/2021)

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.

China’s State Council approved policy on foreigners taking Chinese patent bar exam (26/10/2021)

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.

CNIPA to cease issuing paper certificates of trademark registration (26/10/2021)

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.

Web Summit (01/11/2021)

Web Summit has become “Europe’s largest and most important technology marketplace”. An unrivalled global meeting place for the world’s most disruptive technology companies and those interested in how that disruption can transform their businesses and their lives. The China IP SME Helpdesk team will attend the event to meet European SMEs and respond to any IP related matter when doing business in China, The team will also meet with business support organizations to discuss opportunities to work together on joint activities.

China International Import Expo - Shanghai (05/11/2021)

CHINA INTERNATIONAL IMPORT EXPO (CIIE) is a national Wilde trade fair host by Ministry of Commerce of the People's Republic of China and Shanghai Municipal People's Government. The China IP SME Helpdesk team will attend the CIIE trade fair in Shanghai, to approach EU SME exhibitors to present its free services and answer any enquiries by the exhibitors.

Precision Fair 2021 (10/11/2021)

This international event is focused on latest developments in precision technology and Big Science and related researchers, business partners, OEM-s, suppliers and intermediaries. The China IP SME Helpdesk team will attend the event onsite to meet European SMEs and respond to any IP related matter when doing business in China, The team will also meet with business support organizations to discuss opportunities to work together on joint activities.

Safe digitalisation through Intellectual Property: from Europe to the world (11/11/2021)

Join our webinar, organized by CEIPI, the EU-Japan Technology Transfer Helpdesk and the International IP SME Helpdesk, and walk with us the path that a company followed to digitize its business safely, thanks to a correct identification of the Intellectual Property-related aspects (i.e. software, design, and -mainly- patents), including how to avoid infringing the Rights of others and protect your innovation to get the most out of it. From the hand of our experts in Latin America, China, India, Japan and South-east Asia, also discover how to apply it to these territories, knowing the most relevant particularities.

Torino Fashion Match 2021 (15/11/2021)

This free of charge match-making event brings together companies, buyers, suppliers, experts and investors from a large number of European countries. It brings together European fashion and textile producers to enhance opportunities and commercial partnerships finding partners for joint projects, exploring new markets as well as sharing knowledge, ideas, innovation and inspiration. The China IP SME Helpdesk team will attend the event to meet European SMEs and respond to any IP related matter when doing business in China, The team will also meet with business support organizations to discuss opportunities to work together on joint activities.

Internationalization, innovation’s support services for SMEs and European Funding programs for the textile industry | IPR Focus Asia (18/11/2021)

In occasion of the Torino Fashion Match 2021, the China, South-East Asia and India IP SME Helpdesk are organizing a training session focused on IP protection in Asia for SMEs in the fashion industry.

Brokerage Event at ISM 2021 (18/11/2021)

The event aims at attracting companies, organizations, and research institutions from the broad field of Industry 4.0 – all explicitly focused on getting in contact with potential business partners or project cooperation partners. The China IP SME Helpdesk team will attend the event to meet European SMEs and respond to any IP related matter when doing business in China, The team will also meet with business support organizations to discuss opportunities to work together on joint activities.

Free From - Food Expo 2021 (23/11/2021)

This 8th annual edition of Europe’s leading Free From trade exhibition is the best place to discover all the latest developments in Free From. Over the years hundreds of producers, brand owners, researchers, food professionals, buyers, dieticians and bakers and more have joined the Free From community. The China IP SME Helpdesk team will attend the event onsite to meet European SMEs and respond to any IP related matter when doing business in China, The team will also meet with business support organizations to discuss opportunities to work together on joint activities.

Bringing Value to Agrobiomass - 2nd edition (27/10/2021)

This online matchmaking event the second of its kind and part of the EU-funded project AgroBioHeat which is focused on mass deployment of improved and market ready agrobiomass heating solutions in Europe. The China IP SME Helpdesk team will attend the event to meet European SMEs and respond to any IP related matter when doing business in China, The team will also meet with business support organizations to discuss opportunities to work together on joint activities.

Trade Secret Protection in China in the Era of Civil Code (27/09/2021)

While trade secret cases are complicated and time consuming, sometimes there are also success stories. In this article, China IP SME Helpdesk external expert Jamie Rowlands and his colleagues Ivy Liang, Vivian Desmonts and Evelyn Zhang discuss the case of Jiaxing Zhonghua Chemical Company vs. Wanglong Group, in which the largest trade secret infringement case compensation was awarded to the trade secret holder. Read further to learn how to enforce your trade secrets in China. Article written by Jamie Rowlands, Partner at Gowling WLG jamie.rowlands@gowlingwlg.com

China issues 15-year plan for IPR protection, with legislation to cover big data, AI (27/09/2021)

On Wednesday 22 September, the Chinese Government issued the 15-Year Plan for IPR Protection. The plan aims to accelerate legislation on IPR in new technologies, including big data and AI. To achieve this “the country will also formulate and revise laws and regulations on strengthening the protection of business secrets, improve the legal system for regulating the abuse of IPRs, and improve legislation covering monopoly practices and unfair competition related to IPRs.” Improvements in China’s IP laws and regulations will also benefit foreign IP holders wishing to do business in China.

China, EU agri-food trade receives boost from GI agreement (27/09/2021)

The protection of Geographical Indications has the potential of increasing trade in GI products, benefitting the EU and Chinese GI producers. While the EU-China Agreement on Geographic Indications came to force only in March 2021, Xinhua News is already reporting the benefits of the Agreement. According to Xinhua News “since the signing of the agreement on Sept. 14, 2020, agri-foods like Gannan navel oranges, Qianjiang crayfish, Wuchang Rice, Champagne of France and Munich beer have become increasingly popular in Chinese and European markets.”

TIPO to Incorporate Changes Introduced by Locarno Classification (13th Edition) September 1st, 2021 (27/09/2021)

Good IP news from Taiwan – the Taiwan Intellectual Property Office (TIPO) has updated its classification list of industrial designs in accordance with the latest edition of the World Intellectual Property Organization’s Locarno Classification for Industrial Designs. If you plan to apply for the design rights in Taiwan, make sure to check out this announcement and the latest edition of the Locarno Classification for Industrial Designs. TIPO started receiving applications under the new classification from 1st of September 2021.

China’s draft revisions to e-commerce law double down on IPR infringement crackdown (27/09/2021)

The State Administration for Market Regulation has recently drafted guidelines for revising China’s E-commerce Law and submitted these to public comments. The proposed revisions take a tougher stance towards IP infringements on e-commerce platforms and increase the responsibilities of those platforms, especially when it comes to removing infringing content. Experts estimate that “the harsher regulatory stance might cause some short-term headwinds for e-commerce platforms, but its focus on well-regulated, rather than runaway, growth would illuminate the path to more sustainable development for the world's largest e-commerce market”.

Chem-Match: Corporates meet Startups 2021 "Green & Digital" (07/10/2021)

The "Chem-Match: Corporates meet Startups" event brings together companies working in the chemistry, biotechnology, bioelectronics, environmental technologies and sustainability, digital process management and digital innovation sectors to bring impetus to the chemical open innovation. Take the opportunity to meet international startups and corporates in 20-minutes online B2B meetings arranged in advance. The experts of the International IP SME Helpdesk will be available to explain the service offer and reply to any queries you have about IP in Latin America, India, China and South-East Asia. The event is organised by Hessen Trade & Invest with the Enterprise Europe Network and the project partners European IP Helpdesk, CIEX Europe Conference, 5-HT Digital Hub Chemistry & Health and Infraserv at Industry Park Höchst.

Intellectual Property Protection in South-East Asia and China for the healthcare sector (12/10/2021)

The Health Cluster Portugal, in partnership with EIT Health, is organizing the third Edition of the JoinHealth webinars "JoinHealth - Autumn welcome webinars 2021", taking place during October and November 2021. The webinars are free and open to the community, but registration is mandatory. This series’ topics include: Intellectual Property Protection Intellectual Property Protection in Health Software European Health data Space (EHDS) Remote Clinical Trials Portugal as a Living lab for Medtech On 12 October, 15:30 Brussels time, IP expert Philippe Deltombe will deliver a training on IP in China and SEA countries for healthcare sector, on behalf of the China and South-East Asia IP SME Helpdesk.

Seminar | Common IP Mistakes SMEs Make in China, new date on 20-Oct (27/09/2021)

Intellectual property (IP) is the most valuable business asset SMEs have as it provides companies with comparative advantage over competitors and allows them to find their niche at the market. Appropriate IP protection and management can secure SMEs’ intangible assets and guarantee their success at the market. Likewise, poorly managed IP could mean the end of SMEs’ business endeavors in China. Being successful means to have the proper IP strategy and the best way to create one is by learning from others’ mistakes. Learning what are the common mistakes other SMEs often make could help you avoid getting caught in those most common IP traps as well as save you valuable time and costs of going through these mistakes yourself. During this seminar, Mr. Matias Zubimendi, the IP Business Advisor at China IPR SME Helpdesk will cover the most common assumptions, misconceptions and mistakes that SMEs make related to IP when operating in China or before accessing China market. There will be a Q&A session at the end allowing SMEs to ask questions to the speaker.

Notice on Preventing Lawbreakers from Committing Illegal Activities by Passing Themselves off as Agencies of China’s Website for the Campaign against IPR Infringements and Counterfeits (25/08/2021)

The Office of the National Leading Group on Fight against IPR Infringement and Counterfeiting issued a statement to warn IP owners of scammers that try to pass off as workers of the agency asking trade mark owners to “renew their brand registration online, and pay for the renewal.” In reality, the Office would not actively contact trade mark owners and would not require payments of fees. Should SMEs receive this type of e-mails, they should be aware that these this is a scam. Whenever in doubt, contact China IP SME Helpdesk for verification!

Brunello de Montalcino cancels 3 bad faith trademarks (25/08/2021)

Recently a famous Italian wine brand Brunello di Montalcino was able to have 3 trademarks, which were applied in bad faith, cancelled. The cancellation is remarkable as the bad faith trade mark filings were made in different classes than Brunello di Montalcino, having nothing to do with wine. In this article, China IP SME Helpdesk external expert Mr. Fabio Giacopello from HFG law firm discusses in detail how Brunello di Montalcino was able to obtain a favourable decision from the CNIPA.

IP Court addresses who can benefit from prior-use defence (25/08/2021)

In Taiwan, prior-use defence is allowed in some trade mark dispute cases. Recently, Taiwanese IP Courts addressed the question of whether licensees could also be entitled to prior-use defense. Current case law shows that if specific conditions are met, licensees could also benefit from the prior-use defense. Read more to learn about the details of the specific conditions that allow licensees to benefit from prior-use defense.

u-blox v Techtotop: China’s Developing Jurisprudence on Evidentiary Burden Shifting (25/08/2021)

Over the past 3 years, Chinese IP legislation has evolved to shift the burden of proof form the IP owner to the infringer. The case involving U-blox and Techtotop demonstrates how Chinese Courts apply this principle in a complicated copyright infringement case where the IP owner is not able to provide evidence on how the infringer had access to their source code, but is still able to present some simple evidence of infringement having taken place. This is good news for the SMEs who often struggle with evidence collection.

National campaign targets sales of fake food, drugs (25/08/2021)

Good news for the food producers – the Chinese authorities have, for the third year in a row, launched the campaign “Kunlun” to fight sales of fake food and medicine. Food safety and counterfeit food are still an issue in China and this action is welcomed by IP owner and the wider public alike. From April up until now the police have solved over 23 000 cases involving the sale and production of fake food and medicine.

Webinar | Introduction to IPR In China (31/08/2021)

The Business Finland Shanghai Office, Finnish Business Council Shanghai and China IP SME Helpdesk jointly organize a webinar to introduce the IPR in China. The topic covers various types of IPR. If you are interested in China for your business, IPR is an area that requires special attention. This training concentrates on basic issues with comments on technology transfer and IP contract issues, including common mistakes done, and remarks on the new patent and copyright laws. You will also learn what China IP SME Helpdesk has to offer for free for European SMEs.

Overview of China’s Biopharma Sector: Market Access & IP Rights (10/09/2021)

The webinar will provide an overview of two main aspects of China’s biopharma ecosystem

Digital ICT Week (13/09/2021)

The Luxembourg Chamber of Commerce and its Enterprise Europe Network in collaboration with Farvest will organise the 2nd Digital ICT Week from 13th September to 17th September. The event will be hybrid and will encourage an array of highlights events such as ICT Spring, Tech tours, virtual company visits and more.

Managing your Patent under the PCT (15/09/2021)

Find out more about how to manage your patent under the Patent Cooperation Treaty.

Game Wave Festival 2021 (24/09/2021)

The Game Wave festival 2021 is organized by the Latvian Technological Center

Intellectual Property protection in China and South-East Asia for the game industry (25/09/2021)

In occasion of the Game Wave Festival, which will take place in Jūrmala, Latvia, the China IP SME Helpdesk and the South-east Asia IP SME Helpdesk will provide a training on IP protection for the game industry in China and South-east Asia. The IP expert who will run the training will be Mr. Elio de Tullio. A representative of the Helpdesks will also attend the event and meet entrepreneurs during the B2B meetings.

China Business Week (27/09/2021)

The China Business Week will be conducted in Dutch and is interesting for Dutch-speaking SMEs that: - want to start exporting to China - want to explore the Chinese market - companies already active in the Chinese market and are looking for new opportunities - knowledge institutions working with Chinese partners. Expert Reinout van Malenstein will highlight the importance of intellectual property and provide best practices in terms of enforcement and prevention. He will focus on trademarks, patents, utility models, copyrights and trade secrets. By means of a couple of case studies he will give real examples of how companies have dealt with IP in China.

AMI Plastics exhibitions (29/09/2021)

2021 will see the return of the Compounding World Expo and Plastics Recycling World Expo will take place alongside the exciting launch of the Plastics Extrusion World Expo and Polymer Testing World Expo.

Summary of a few particular aspects of China patent filing procedures (22/07/2021)

This is a non-exhaustive list of some particular aspects of China patent filing procedure. Although substantial principles of patent law are generally harmonised, there are still significant differences in procedure which IP professionals dealing with China on a regular basis should be aware of.

A few suggestions for software copyright registration in China (28/07/2021)

Software can be protected under copyright law in China. Many foreign companies are unfamiliar with how to record software copyright in China, and how to keep the source code confidential during the recordal. Please refer to the below for the requirements and a few practical suggestions.

Paying bond for Customs seizure in China (28/07/2021)

This article is to explain the bond system and the procedure of the Customs seizure.

Establish copyright ownership in China (28/07/2021)

Copyright arises automatically, but it may not be easy to prove ownership of copyright in China. For some manufacturing companies, it might be possible for their products to be protected by copyright under the category of practical art. This gives another tool for enforcing their IP in China. The applicant may consider submitting the following evidence to establish ownership of copyright

Legal regulations on the counterfeiting of social media accounts (22/07/2021)

Since a lot of businesses in China are conducted over social media, Chinese courts have ruled that social media accounts such as WeChat Official Account can be considered a valuable network virtual property. In this light, the Administrative Regulations on the Administration of Internet User Public Account Information Services were amended in 2021to strengthen the protection of official accounts against counterfeiting by increasing identity checks and authentication requirements. An important thing for EU SMEs to note is that the use of other people’s trade marks in an official account information such as the alias, avatar, and profile of the official account can be considered as trade mark violation and remedies are available for enterprises whose IP is infringed.

New judicial explanation enhances plant-variety rights protection (22/07/2021)

In early July, the Supreme People's Court issued the new judicial explanation, which enhances plant variety rights protection. According to the judicial explanation, “those who assist others in violating a breeder's property rights by facilitating the purchase, storage, transport and processing of a new plant variety, will be punished by law”. This is good news for SMEs dealing with new plant varieties as makes the enforcement of new plant variety rights in China stronger.

China's Supreme Court's Stipulations On Patent Linkage Related Trials (22/07/2021)

On 1 June 2021, the amended Patent Law came to force. The new Patent Law brings substantial changes for the pharmaceutical companies doing business with China, as for the first time, a patent linkage system was introduced in China’s IP legislation. While everyone is still looking forward to the implementing measures of the new Patent Law, on 15 June the Supreme Court published its Stipulations on Patent Linkage Related Trials. In this article our external expert Toby Mak provides some comments on these Stipulations to help the pharmaceutical SMEs better understand the content of the Stipulations.

Cross-border e-commerce comprehensive bonded pilot zones to accept the first assessment and evaluation in 2021 (22/07/2021)

With COVID-19 giving a major push for the development of cross-border e-commerce across the world, China’s Ministry of Commerce is planning to evaluate their cross-border e-commerce pilot zones to create better conditions for cross-border e-commerce. According to the Ministry of Commerce, “in next steps, a new batch of pilot zones will be expanded, and guideline for the protection of cross-border e-commerce intellectual property rights will be studied and formulated to guide cross-border e-commerce platforms in mitigating intellectual property risks and preventing counterfeit and shoddy products…” These steps are thought to strengthen IP protection in cross-border e-commerce.

IPR in China 2020: Figures and highlights (22/07/2021)

For those interested in statistics, the CNIPA has recently published the highlights of 2020 IPR statistics. In 2020, the CNIPA handled over 9 million trade mark applications and over 4 million patent applications. The statistics shows that majority of patent applications concerned utility model applications, a type of patent that is easy to obtain and widely used in China, but oftentimes overlooked by the EU SMEs.

Intellectual Property Systems: A comparison between the EU and China (18/08/2021)

There are significant differences between IP systems in the EU and China. During the webinar, the China IP SME Helpdesk's Team Leader and IP expert Simon Cheetham will give an overview of the most important similarities and differences between the two systems, helping EU SMEs to better understand how they need to prepare before entering the Chinese market.

Intellectual Property Systems: China/Europe Comparison (28/06/2021)

The China IP SME Helpdesk just published its new IP Business Guide, 'Intellectual Propery Systems: China/Europe Comparison'. Download our new guide for insights about the similarities and differences between the IP systems in Europe and China.

Patent, copyright legislative changes beef up IP protection, inspire innovation (28/06/2021)

On 1 June 2021, the new Patent Law and Copyright Law came into force, so let’s take one more look at the main changes of both laws. This article nicely summarises the main changes. Since both laws underwent substantial changes such as the introduction of the open license system or the expansion of copyright subject matter, it is important for the SMEs to understand these changes.

Hong Kong approves first standard patent by original grant (28/06/2021)

The Hong Kong patent system recently underwent some major changes. Effective from 19 December 2019, it became possible to apply for a standard invention patent in 2 different ways – the old way, which included the reregistration of existing patents in Hong Kong and the new way, which allows applicants to directly apply for local original patents. In the beginning of June, the first local original patent was finally granted in Hong Kong. The new system “helps Hong Kong to meet the needs of its innovation, technology and creative industries”.

New Chinese IP laws would enhance efficacy of judicial protection (28/06/2021)

As the new Copyright and Patent Laws entered into force this month, it’s important for SMEs to understand what these changes mean for them and for China’s IP system. This article reviews the new provisions of the Patent and Copyright Law from a judicial point of view and evaluates their potential impact on judicial practices.

Digital export in China (08/07/2021)

In the framework of the webinar series on "E-commerce in the era of Industry 4.0", this event will provide SMEs some tips and best practices on the first steps to sell in China through digital channels.

Highlights of China’s Supreme Court’s new Interpretation on punitive damages in IP cases (27/05/2021)

On 3 March 2021 China’s Supreme People’s Court published the “Supreme People’s Court Interpretation on the Application of Punitive Damages to the Trial of Civil Cases of Infringement of Intellectual Property Rights” which provides guidance to the Chinese Courts on how to apply the punitive damages provisions in IP infringement cases. In this article, China IP SME Helpdesk external expert Yu-An Chang and Stefaan Meuwissen from Hogan Lovells analyze the Interpretation. Both experts believe that the Interpretation will have a “profound impact on China’s IP practice and [that] the clarification it [the Interpretation] brings will encourage IP owners to make increasing use of punitive damages in China.”

China officially allows foreigners to take Chinese patent bar exam (27/05/2021)

On May 5, 2021, China’s Beijing Municipal Human Resources and Social Security Bureau published the “Catalogue of the Professions Where Foreigners Are Allowed to Take Exams to Get Qualification Certificates in the Integrated National Demonstration Zone for Opening up the Services Sector and China (Beijing) Free Trade Zone 1.0”. Amongst others, the Catalogue allows foreigners to take a patent bar exam to obtain patent agent qualification certificate and work in patent agencies in Beijing. This is good news for the European SMEs as it opens up a possibility of being able to use the help of a foreign patent agent for patent applications in China. It is significant because cultural differences and language barrier are often pointed out by SMEs as one of the main issues with patent applications in China.

CNIPA published the “Draft Amendment to Several Provisions for the Regulation of Patent Application (Exposure Draft)" (27/05/2021)

On 6 May 2021, China National Intellectual Property Administration (CNIPA) issued the "Draft Amendment to Several Provisions Regarding the Regulation of Patent Applications (Exposure Draft)" for public consultations. The Exposure Draft aims to deal with the improper behaviours of patent applications, further improving China’s patent system.

China's new five-year plan targets strengthening intellectual property protection in high-tech industries (27/05/2021)

According to the Chinese Government, China’s next Five-year plan (up to 2025) will include “strengthening intellectual property protection in high-tech industries”. While the Five-year plan foresees stronger patent protection and cracking down on trade mark squatting, SMEs should pay attention to tightening of controls on the overseas transfer of Chinese intellectual property as it could have impact on the SMEs’ cooperating with Chinese partners in China with the aim of importing the technology back to Europe.

Intellectual property key for innovation (27/05/2021)

During the State Council's Executive Meeting chaired by Premier Li Keqiang on 27 April, the Premier reiterated China’s commitment on reforming government functions regarding intellectual property. Among other measures, the time to review patent and trademark applications is expected to be shortened (in case of trade marks from 8 months to 7 months). China will encourage electronic patent and trademark registrations by further reducing review periods of electronic applications and prioritising electronic applications. EU SMEs should discuss this with their patent/trademark agents to make sure they benefit from reduced review times of electronic applications.

Textile Connect 2021 (01/06/2021)

Textile connect is the platform that connects companies/designers looking for production partners with manufacturers, service providers and suppliers within the textile and footwear industry. This is an online matchmaking event taking place on 1st-4th of June that will organise buyer-supplier meetings.

Trade Fair | AQUATECH China 2021 in Shanghai (02/06/2021)

For the past couple of months leading up to Aquatech China 2021, the EU SME Centre and the China Europe Water Platform have been collaborating on co-organising a webinar series consisting of four webinars on the topic of Urban Water. The outcome and findings will be compiled into a summery report, which will also be presented by the EU SME Centre during the seminar.

Protecting intellectual property in China: best practice and case studies (08/06/2021)

The training aims to give an overview on how companies can protect and enforce their intellectual property rights in the Chinese markets, through best practice and case studies. The China IP SME Helpdesk expert, Tom Carver, will discuss IP issues that companies are likely to encounter in China, will provide best practice on how to monitor those issues and how to enforce IPRs. Attendees will be able to raise any questions during a final Q&A session.

ITAPA Online Matchmaking 2021 (10/06/2021)

Spring ITAPA 2021 is a spring edition of the largest international IT conference organized in Slovak republic. Parallel to the congress, a matchmaking event ITAPA Online Matchmaking 2021 – Spring Edition will take place online. During the matchmaking event, the participants will have an opportunity to discuss the possibilities of cooperation on topics such as digitalization, cyber security, digital healthcare and other IT-related topics.

Intellectual Property in the E-Mobility sector: protecting innovation in Asian markets (14/06/2021)

In this training, the India, China and South East Asia IP SME Helpdesk aim to sketch some of these changes on the sector dynamics – notably in which affects Intellectual Property – and provide attendees with some key pieces of advice when considering to export their technologies or seek to collaborate with a business partner in the region.

Trade Fair | ITMA ASIA + CITME 2020 in Shanghai (12/06/2021)

The ITMA brand and China's most important textile event -CITME are combined into one mega high-quality event and being supported by all nine CEMATEX European textile machinery associations, CTMA (China Textile Machinery Association) and JTMA (Japan Textile Machinery Association).The seventh edition of the combined show will be held from 12 to 16 June 2021 at the new National Exhibition and Convention Centre (NECC)in Shanghai.

Indirect Sales & Business Partners in China: How to identify, approach, select and secure them (22/06/2021)

This workshop has been conceived for those SMEs who would like to start doing business in China by engaging a third party. Our expert will share practical information that will help participating companies identify, approach, select and secure a suitable partner.

Tips and best practices for IP protection in China - focus on Deep Tech and Advanced Materials (24/06/2021)

Nowadays, an internationalisation strategy is crucial for any growing startup. The OPEN INFO DAYS will help deep tech startups gain first insights regarding potential markets and key industries in China. The China IP SME Heldesk IP Expert, Simon Cheetham, will provide tips and best practices on intellectual property protection when starting- up in China, with focus on Deep Tech and Advanced Materials.

Insights On CN Patent Changes In 2021, Including Patent Term Extension For Drug Patents - Part One (26/04/2021)

On 1 June 2021, less than 1.5 months, the new Patent Law of China will come into force, bringing significant changes with it such as the introduction of patent linkage system, patent term extension and the open license system. In this article, China IP SME Helpdesk external expert Toby Mak explores in detail one of these significant changes – the patent term extension for drug patents.

Copyright protection or trademark protection? Practical tips for rights holders (26/04/2021)

Despite the changes in the recent Trade Mark Law, bad faith trade mark registrations are still commonplace in China. While it is often difficult to prove bad faith in opposition or invalidation cases, legal practice demonstrates that in some cases, it is possible to rely on the prior copyright to invalidate a trade mark registered in bad faith. This article discusses the issue in detail, while offering practical tips. For SMEs, copyright registration in China is strongly recommended as it offers an additional layer of protection to trade marks.

State Administration for Market Regulation: legislation will prohibit unfair competition on the Internet and amend the law (26/04/2021)

In 2021, the State Administration for Market Regulation (SAMR) will strengthen legislation in key areas, including the area of intellectual property rights. Amongst others, the SAMR plans to revise the regulations on the protection of trade secrets, as well as “formulate certain regulations on prohibiting acts of unfair competition on the Internet”. Stronger IP laws and regulations are definitely welcomed by the SMEs, especially as trade secret protection still remains challenging.

New Draft Judicial Interpretation on Plant Variety Protection Open for Comment (26/04/2021)

The Supreme People’s Court of China has issued a draft of Judicial Interpretations on the Protection of Plant Varieties for public comments. When adopted, the Judicial Interpretations aim to harmonise the burden shifting provisions of Chinese IP Laws. It is expected that the Judicial Interpretations, when adopted, will also provide for a “reversal of burden of production in order to prove damages”.

IP Protection at Online Trade Fairs (06/05/2021)

https://intellectual-property-helpdesk.ec.europa.eu/news-events/events/webinar-ip-protection-online-trade-fairs_en

Intellectual Property in the IT-Logistics and E-Mobility sectors: protecting innovation in Asian markets for maximum business exploitation (06/05/2021)

https://intellectual-property-helpdesk.ec.europa.eu/news-events/events/intellectual-property-it-logistics-and-e-mobility-sectors-protecting-innovation_en

Intellectual Property Protection in Vietnam, Thailand, Philippines and China (12/05/2021)

https://intellectual-property-helpdesk.ec.europa.eu/news-events/events/intellectual-property-protection-vietnam-thailand-philippines-and-china_en

SIAL China 2021 in Shanghai (18/05/2021)

https://intellectual-property-helpdesk.ec.europa.eu/news-events/events/trade-fair-sial-china-2021-shanghai_en

IP protection in China for European tech startups (18/05/2021)

https://intellectual-property-helpdesk.ec.europa.eu/news-events/events/ip-protection-china-european-tech-startups_en

Global Innovation Summit 2021 (18/05/2021)

https://intellectual-property-helpdesk.ec.europa.eu/news-events/events/global-innovation-summit-2021_en

Importance of protection of intellectual property in China (19/05/2021)

https://intellectual-property-helpdesk.ec.europa.eu/news-events/events/importance-protection-intellectual-property-china_en