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China's Supreme Court Affirms Jurisdiction for Global SEP rates - 27 September 2023
As the world’s largest implementation country for standard essential patents, China has become a hotspot for litigation over cross-border standard essential patent royalty disputes in recent years. On 4 September 2023, China’s Supreme People’s Court made a final civil ruling that China is entitled to set global licensing rates for SEPs ..
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Compliance Audits for Personal Information Protection - China issues a new Draft Regulation for Public Comment - 7 September 2023
On 3 August, the Cyberspace Administration of China publicly invited opinions on the Measures for the Management of Compliance Audits on Personal Information Protection which clarify the definition of compliance audit of personal information protection, the applicable objects, the timeframe requirements, as well as ...
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The US Issues Executive Order Restricting Investment in Certain Technologies - 23 August 2023
On 9 August 2023, the U.S. government issued the Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern, which states that “advancement by countries of concern (meaning China, including Hong Kong and Macao) in sensitive technologies ...
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IP Australia Issues New Guidance on Trade Mark Classification of Emerging Technologies - 21 August 2023
In a world where technology is evolving at an unprecedented pace, protecting intellectual property has become increasingly vital. With emerging technologies such as artificial intelligence, blockchain, and virtual reality reshaping industries, it's crucial to ensure that the trade mark classification system keeps up with these innovations. The recent release of new guidance on trade mark classification by IP Australia marks a significant step ...
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Encouraging Demand for Europe’s Unitary Patents Revealed by Dashboard - 21 August 2023
The Unitary Patent Dashboard (Europe), a tool developed to monitor the progress and uptake of this innovative patent system, has recently reported data that underscores its growing appeal. The dashboard presents a visual representation ...
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China’s New Measures for Online Advertising - 10 August 2023
According to the Measures, they apply to commercial advertising activities for goods or services that are promoted, directly or indirectly, in the form of text, pictures, audio, video, or other forms by using websites, web pages, Internet applications, and other internet media within the People's Republic of China ...
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China releases Revised Guiding Catalogue for Industrial Restructuring for Comment - 2 August 2023
On 14 July 2023, China’s National Development and Reform Commission issued an announcement soliciting comments on its revised Guiding Catalogue for Industrial Restructuring. Comments are due 14 August 2023 ...
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China's Supreme Court examines patents and monopolistic behaviour, reversing lower court's decision - 31 July 2023
On May 25, 2023, the Supreme People’s Court of China issued its final judgment on an abuse of market dominance dispute between Yangtze River Pharmaceutical Group with its affiliate (the Plaintiffs in the first instance trial) and HIPI Pharma Tech with its affiliates (the Defendants in the first instance trial) ...
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China Issues Rules on the Suspension of Trademark Proceedings - 18 July 2023
On 13 June 2023, the CNIPA issued the Interpretation of Rules on Suspension of Trademark Proceedings, to facilitate the timely authorization of trademark rights for legitimate rights holders, and reduce the scope for discretion in this regard ...
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China Issues Measures on Generative AI Services - 19 July 2023
Subsequent to our May 2023 article on China and international plans for the regulation of AI systems and providers, the CAC has just released new Measures applying from 15 August 2023 ...
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“Cheat” Plug-in Case Declared Copyright Infringement by Chinese Court - 13 July 2023
On 29 June 2023, the Kunshan Primary People’s Court in Jiangsu Province reported the “Public Sentencing of the First Instance of China’s Largest ‘Chicken Leg’ Cheat Game Plug-in Criminal Case” ...
Beijing IP Court Determines Defensive Trademark Registration Does not Constitute Bad Faith - 21 September 2023
In 2022, the Beijing IP Court reversed a TRAB decision that recognized a trademark application among a lot of trademarks registered in a short term that lacked real intention to use and was rejected. Instead, the Court considered that ...
CNIPA Issues Revised Provisions on Geographical Indications for Public Comment - 21 September 2023
On 18 September 2023, the CNIPA issued the revised Provisions on Protection of Geographical Indication (GI) Products for public comment by 2 November 2023 ...
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China Enhances Business Name Registration Procedures and Protections - 8 September 2023
On 17 August 2023, the State Administration for Market Regulation issued Decree No. 82, amending and promulgating the “Measures for Implementing the Provisions on the Registration and Administration of Enterprise Names”, which will commence operation on 1 October 2023 ...
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M&A Reviews by China's SAMR under the AML - 6 September 2023
MMLC's Sarah Xuan reviews latest developments in SAMR's work in the approval or rejection of mergers and acquisitions under China's competition law regime ...
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China: Bills Being Reviewed by the State Council, Including the Foreign State Immunity Law - 30 August 2023
The fifth session of the Standing Committee of the Fourteenth National People’s Congress (NPC) is being held from 28 August to 1 September in Beijing ...
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China’s Action Program for the Management of New Pollutants - 28 August 2023
Specific measures include conducting and completing, by the end of 2023, a survey of basic information on chemical substances, including the varieties, quantities, uses, production ...
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China Releases Circular Focused on Attracting Foreign Investment - 18 August 2023
On 13 August 2023, China's State Council released a circular entitled "Opinions on Further Improving the Foreign Investment Environment and Enhancing Attraction of Foreign Investment" following the policy of attracting foreign investment emphasized at the politburo meeting of the CPC Central Committee held in April this year ...
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China’s Supreme Court issues New Guidelines on Jurisdiction Escalation et al - 15 August 2023
On 28 July 2023, China's Supreme People's Court promulgated a Guideline on Strengthening and Standardizing the Work of Jurisdiction Escalation as well as Retrial and Arraignment to further refine and clarify trial practice rules in terms of jurisdiction escalation, retrial and arraignment based on the four-level court system established ...
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China Issues Tax Relief Policies to Promote Growth - 14 August 2023
On 1 and 2 August 2023, China's Ministry of Finance and State Taxation Administration issued the Announcement on Relevant Tax and Fee Policies for Further Supporting the Development of Micro and Small Enterprises and Individual Businesses (2023 MOF and STA Joint Announcement No. 12), the Announcement on Relevant Tax Policies Supporting Financing for Micro and Small Enterprises (2023 MOF and STA Joint Announcement No. 13) ...
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China’s National Intellectual Property Administration Issues a 2023 Strategy Outline - 4 August 2023
On 28 July 2023, the China's National Intellectual Property Administration issued its 2023 Outline for "Building a Powerful Intellectual Property Country and Implementation Promotion Plan of the 14th Five-Year Plan" ...
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China's New Auto Finance Measures - 1 August 2023
China's new auto finance measures commence operation on 11 August 2023 ...
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China’s Supreme Court Looks at Patents based on Technical Secret Misappropriation - 24 July 2023
On 22 December 2022, the Supreme People’s Court issued final decisions for three cases of VMI HOLLAND B.V. vs. Safe-Run Intelligent Equipment Co., Ltd. (SPC Cases [2020] No. 661, 902, 1003), in which issues dealing with claims of patent ownership based on infringement of technical secrets are clarified ...