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Part Five About Supplementary Test Data

Ⅰ、The review criteria for supplementary experimental data in the past two years

There have been positive changes in the review criteria for supplementary experimental data in 2020:

On January 15, 2020, Article 1.10 of the “China-US Economic and Trade Agreement” officially signed by the US and China on drug-related intellectual property rights mentioned the supplementary data rule and mentioned that “China should allow drug patent applicants to use supplementary data in examination procedures, patent reexamination procedures, and judicial procedures to meet relevant requirements for patentability, including requirements for sufficient disclosure and inventiveness.”…
Continue Reading Changes and Trends of Compound Patent Invalidation Examination (II)

I. Case in brief
The present case, which relates to a series of patent infringement disputes between Shenzhen Goodix Technology Co., Ltd. (hereinafter referred to as Goodix) and Shanghai Silead Microelectronics Technology Co., Ltd. (hereinafter referred to as Silead Micro) in connection with fingerprint recognition, is of great significance. The subject patent is an inventive patent No.ZL201410204545.4 entitled “Terminal Based on Fingerprint Recognition and Login Method and System in Standby State” owned by Goodix. Goodix accused the GSL6277 chips manufactured by Silead Micro of infringing the above-mentioned patent.
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Continue Reading Questioning, from Perspective of Evidence Authenticity, “Data Booklet” as “Evidence” for Comparison in Patent Infringement Performed by Other Party

Preface
At the beginning of 2020, we were entrusted by Beijing RDPAC International Consulting Co., Ltd. and conducted statistics and analysis on the status quo of the review of invalidation and administrative litigation for invalidation disputes of compound patents between 2010 and 2019. Combining with the review practices of the United States and Europe, we conducted comparative analysis on the selection of lead compounds in the inventive step problem of compounds, the motivation and enlightenment of modifying the structure of compounds, and the acceptance of supplementary experimental data and brought up with three suggestions as follows.
Continue Reading Changes and Trends of Compound Patent Invalidation Examination (I)

According to the official website of the Cyberspace Administration of China (“CAC”), the Measures on Security Assessment of Cross-border Data Transfer (Draft for Comment) (the “Measures”) was released for public comment for one month as of 29 October. Article 1 of the Measures sets out the purpose and value of its introduction – “to regulate the cross-border transfer of data, protect the rights and interests in personal information, safeguard national security and social and public interests as well as promote the safe and free flow of data across borders.”…
Continue Reading Interpretation of the Measures on Security Assessment of Cross-border Data Transfer (Draft for Comment)

On October 15, 2021, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) published its “Sanctions Compliance Guidance for the Virtual Currency Industry” (Guidance). The publication uses a concise and reader-friendly format to inform members of the cryptocurrency industry and the broader public about how OFAC intends to regulate transactions involving cryptocurrencies within the existing framework of sanctions compliance. Most importantly, it outlines the degree of due diligence required to avoid facilitating cryptocurrency transactions with sanctioned individuals and entities and advises cryptocurrency users on best practices as well as the steps they should take if they find themselves transacting with sanctioned individuals and entities.
Continue Reading OFAC : Guidance on Sanctions Compliance and Virtual Currencies

Case in brief
Sichuan Golden-Elephant Sincerity Chemical Co. Ltd. and Beijing Yejing Technology Co. Ltd. are patentees of the melamine production system and production process. King & Wood Mallesons (KWM), entrusted by the patentees, filed a complaint with the Guangzhou Intellectual Property Court on December 13, 2016 against Hualu Hengsheng Company, Ningbo Yuandong Company, Ningbo Design Institute Company and Yin Mingda for infringement of the patent rights, requesting the four defendants to stop the infringement and to pay, jointly and severally, compensation of 1.2 billion Yuanas well as other reasonable rights defense expenses to the plaintiffs. On June 10, 2020, the Guangdong Higher People’s Court ordered the four defendants to stop infringing in the first instance, specifically ordering Hualu Hensheng Company to pay 80 million Yuan to the plaintiffs for compensation and ordering Ningbo Yuandong Design Institute Company to be jointly and severally liable for 40 million Yuan of the compensation.
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Continue Reading Filing Materials as Key Evidence in Determining Patent Infringement to Support 80,000,000 Yuan Compensation——Patent Infringement Case of Melamine Production System and Production Process

2021年4月26日，全国人民大会常务委员会第二十八次会议首次审议了《中华人民共和国期货法（草案）》（“《期货法》（一审稿）”）。2021年10月22日，全国人民代表大会常务委员会第三十一次会议将《期货法》（一审稿）更名为《中华人民共和国期货和衍生品法（草案二次审议稿）》（“《期货和衍生品法》（二审稿）”或“二审稿”），并进行了审议，同时向社会公开征求意见。与《期货法》（一审稿）相比，二审稿提出诸多新的修改，也对部分条文进行了精简，总体上使《期货和衍生品法》向着更具灵活性和兼容性的方向积极推进。二审稿的征求意见截止时间为2021年11月21日。…
Continue Reading 未来已来——试评《中华人民共和国期货和衍生品法（草案二次审议稿）》To the Future and Beyond – Thoughts on the PRC Futures and Derivatives Law (Second Reading)

Recently, China National Intellectual Property Administration (“CNIPA”) issued an official reply letter to Shanghai Intellectual Property Administration regarding whether the unauthorized acts of repackaging others’ products while continuing to label others’ registered trademarks on the repackaged outer packaging and selling them again constitute trademark infringement. CNIPA held that the answer is YES.
Continue Reading CNIPA: The Unauthorized Acts of Repackaging Others’ Products while Continuing to Label Others’ Registered Trademarks on the Repackaged Packaging and Re-selling Them Constitute Trademark Infringement

On October 12, 2021, China National Intellectual Property Administration (CNIPA) issued the Announcement on Adjusting the Method of Issuing Trademark Registration Certificates (No. 453). Physical trademark registration certificates will no longer be issued by China National Intellectual Property Administration from January 1, 2022 …
Continue Reading No Physical Trademark Registration Certificate will be Issued by China National Intellectual Property Administration after January 1, 2022

The New PRC Personal Information Protection Law (the “PIP Law”) will take effect as of November 1, 2021. In general, the PIP Law provides more favorable protection on personal information and brings greater challenges to the cross-border transfer of personal information. This article will discuss the scenarios where potential cross-border transfer of personal information may occur in an internal investigation, the new challenges brought by the PIP Law, and the suggestions to mitigate compliance risks.

Continue Reading PIP Law: Its Impact on the Cross-Border Internal Investigation