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  • Article

    Chinese Civil Code Introduces Punitive Damages Against IP Infringement

    Following the advent of first Chinese Civil Code (民法典) in May of 2020, the public have been actively talking about the new law.
    ChinaIntellectual Property
    Foundin Intellectual Property
    Foundin Intellectual Property
  • Article

    The Supreme Peoples Court Issued Five Judicial Interpretations Related To Intellectual Property Rights

    The Supreme People's Court has issued five judicial interpretations related to intellectual property rights.
    ChinaIntellectual Property
    Foundin Intellectual Property
    Foundin Intellectual Property
  • Article

    Contradictory Interpretations Of Means-Plus-Function Claims In China

    According to the Chinese Patent Law and practice, means-plus-function claims are interpreted differently at the time of Chinese patent prosecution and Chinese patent litigation.
    ChinaIntellectual Property
    Foundin Intellectual Property
    Foundin Intellectual Property
  • Article

    "Double Protection" In China

    It is possible in China to file both an invention patent application and a utility model (UM) patent application on the same day through Paris Convention direct filing.
    ChinaIntellectual Property
    Foundin Intellectual Property
    Foundin Intellectual Property
  • Article

    Example Cases Of Legitimate Source Defense

    The legitimate source is one of the most commonly used defenses of non-infringement. It is stipulated in Article 70 of the Patent Law "If the product is used, offered for sale, or sold for...
    ChinaIntellectual Property
    Foundin Intellectual Property
    Foundin Intellectual Property
  • Article

    China Issued Transitional Guideline For The New Patent Law Coming Into Effect On June 1, 2021

    The China National Intellectual Property Administration issued Transitional Guideline for the Processing of Related Examination Regarding the Implementation of the New Patent Law yesterday, May 25, 2021.
    ChinaIntellectual Property
    Foundin Intellectual Property
    Foundin Intellectual Property
  • Article

    Introduction Of Patent Term Extension To The New Chinese

    In order to encourage the development of innovative pharmaceutical companies in China, patent term extension (PTE) is introduced for the first time to the amended Chinese Patent Law...
    ChinaIntellectual Property
    Foundin Intellectual Property
    Foundin Intellectual Property
  • Article

    Chinese Patent Office To Allow Partial Design Protection After June 1, 2021

    Introduction of Partial Design is one of the most important changes in the upcoming new Chinese Patent Law and that will come into effect from June 1, 2021.
    ChinaIntellectual Property
    Foundin Intellectual Property
    Foundin Intellectual Property
  • Article

    Guangdong Province Fully Suspend Patent Subsidization

    In order to improve the patent quality, the Chinese Patent Office (CNIPA) made a series of policies to cut down patent subsidization and strike down abnormal patent applications.
    ChinaIntellectual Property
    Foundin Intellectual Property
    Foundin Intellectual Property
  • Article

    Newly Proposed Pharmaceutical Patent Linkage System In China

    The new Chinese Patent Law is confirmed to take effect on June 1, 2021.
    ChinaIntellectual Property
    Foundin Intellectual Property
    Foundin Intellectual Property
  • Article

    Patent Protection Of Multi-national Joint Invention In China

    This is the best way to simultaneously "obtain a priority date as early as possible" and "meet the patent confidentiality examination requirement of China".
    ChinaIntellectual Property
    Foundin Intellectual Property
    Foundin Intellectual Property
  • Article

    The Release Of First Batch Of Guiding Cases For Administrative Enforcement - Guiding Case No. 4: Patent Administrative Mediation

    On 15 December, 2020, China National Intellectual Property Administration (CNIPA) released the first batch of guiding cases for administrative enforcement of intellectual property rights.
    ChinaIntellectual Property
    Foundin Intellectual Property
    Foundin Intellectual Property
  • Article

    Compulsory License In China

    In the Chinese Patent Law, there are a number of provisions directed to Compulsory License.
    ChinaIntellectual Property
    Foundin Intellectual Property
    Foundin Intellectual Property
  • Article

    Increasing Compensation to Patentees by Allocating Burden of Production in a Different Way

    Following the New Judicial Interpretation on Patent Infringement by the Supreme Court of last year, we see change in court's way of allocating burden of production. Please refer to the following for detailed information.
    ChinaIntellectual Property
    Foundin Intellectual Property
    Foundin Intellectual Property
  • Article

    Is The GUI Design Patent Dead In China?

    May 2016, Plaintiffs Beijing Qihu technology co. LTD and Qizhi software (Beijing) co. LTD sued Beijing Jiangmin technology co. LTD on the grounds of infringement of their design patent "computer with GUI", ...
    ChinaIntellectual Property
    Foundin Intellectual Property
    Foundin Intellectual Property
  • Article

    The Chinese Patent Office And The European Patent Office Are Fully Committed To Providing IP Supports To Those Affected By COVID-19

    Over 30 years mutual cooperation, the Chinese Patent Office and European Patent Office devoted to improve the patent quality and coordinate their local patent system together.
    ChinaIntellectual Property
    Foundin Intellectual Property
    Foundin Intellectual Property
  • Article

    Annual Report Of The Intellectual Property Tribunal Of The Supreme People's Court (2020)

    Over the past year, the Intellectual Property Tribunal of the Supreme People's Court (SPC) has given full play on the trial of intellectual property cases at the national level,...
    ChinaIntellectual Property
    Foundin Intellectual Property
    Foundin Intellectual Property
  • Article

    China National Intellectual Property Administration (CNIPA) Releases Draft Amendment Against Abnormal Patent Filing Behaviors

    In order to further crack down the abnormal (low-quality) patent filing behaviors in China, CNIPA released (Draft Amendment to Several Provisions Regarding the Regulation of Patent Applications) on 6th May, 2021 ...
    ChinaIntellectual Property
    Foundin Intellectual Property
    Foundin Intellectual Property
  • Article

    The Supreme Court Of China Issued A Judicial Interpretation On Punitive Damages For Intellectual Property Rights

    On 3rd March, 2021, the Supreme People's Court issued "Interpretation of the Supreme People's Court on Punitive Damages Concerning the Trial of Civil Cases Involving Infringements...
    ChinaIntellectual Property
    Foundin Intellectual Property
    Foundin Intellectual Property
  • Article

    Inventiveness Of Chinese Second Medical Use Patent: A Study From Top 10 Exemplary Invalidation Case

    Second medical use of a known compound is an important invention to the pharmaceutical industry.
    ChinaIntellectual Property
    Foundin Intellectual Property
    Foundin Intellectual Property

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