On March 29, 2018, the State Council issued Measures for transferring Intellectual Property rights (IPR) to foreign parties (Pilot) (hereinafter called “Measures”). The Measures are effective immediately and apply to all technical IPR (i.e., patents, registered integrated circuit layout designs, computer software copyrights and new plant varieties rights). According to the Measures, in IPR export and M&A approval process, a relevant IP department under the State Council (e.g., the State Intellectual Property Office) must conduct additional review before IPR transfer to a foreign entity or before foreign investors acquire Chinese companies that include IPR transfer. Previously, in IPR export approval process, only non-IP departments reviewed IPR transfer. In M&A approval process, no government departments reviewed IPR transfer.
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Ling Zhu
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China announces plan to restructure the State Intellectual Property Office (“SIPO”)
By Ling Zhu & Aaron Wininger on
Posted in Patent Law
On March 17, 2018, the 13th National People’s Congress (“NPC”) approved the plan of restructuring administrative organs under the State Council. The implementation of the plan is already in process, but the State Council did not announce a date for completion. Specifically, on the IP side, the SIPO will take over registration and administration of trademarks from the State Administration for Industry & Commerce (“SAIC”) by incorporating the China Trademark Office (“CTMO”). The SIPO will also take over registration and administration of geographic indicators from the General Administration of Quality Supervision, Inspection and Quarantine (“AQSIQ”). The SIPO will retain its responsibility of registration and administrative adjudication of patents (including examination of patent applications, reexamination and invalidation proceedings). Currently, the SIPO will not take over the administration of copyright from the National Copyright Administration.
Continue Reading China announces plan to restructure the State Intellectual Property Office (“SIPO”)