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Scott Palmer provides comprehensive counsel on intellectual property registration, maintenance, licensing, enforcement and litigation for foreign companies in China and for Chinese companies in the United States.

On October 12, 2021, the China National Intellectual Property Administration (CNIPA) announced that from January 1, 2022, the CNIPA will issue only electronic copies of trademark registration certificates regardless of whether applications were filed as standard paper filings or as e-filings. This procedural change follows a number of formatting changes to the registration certificate template initiated in 2018, including the addition of a QR code on each registration certificate for publication/verification purposes.

Continue Reading CNIPA Goes Paperless—Ceases Issuing Paper Trademark Registration Certificates as of January 1, 2022

On August 6, 2021, the China National Intellectual Property Administration (CNIPA) announced that effective September 1, 2021, an applicant and its trademark agency will be required to submit a letter of good faith in support of any opposition, opposition appeal, and invalidation submission that includes a claim for well-known protection under Article 13 of the PRC Trademark Law, which provides generally broad (and cross-class) protection for marks that are “well-known.”

Continue Reading CNIPA’s New Formalities Requirements for Petitioning for Protection of Well-Known Marks: Letter of Good Faith of Applicants and Agents

The Standing Committee of the National People’s Congress announced amendments to the Trademark Law of the People’s Republic of China on April 23, 2019.

The new amendments address three primary issue areas:

  1. the filing of trademark applications in bad faith without an intent to use;
  2. the sanctioning of trademark agencies that assist with the filing

China promulgated an electronic commerce law on August 31, 2018, effective, January 1, 2019.  Of interest to intellectual property rights (IPR) holders, the law makes e-commerce platform operators potentially jointly and severally liable with IP infringers and enables the relevant administrative department (e.g., the China National Intellectual Property Agency (CNIPA)) to fine platform operators up to 2 million RMB (~$291,000) for failure to protect IPR. The law also formalizes a mechanism for IPR disputes on e-commerce platforms.
Continue Reading China Promulgates Electronic Commerce Law