Legal Key Points
1. Determination of the Disclosure Sufficiency of the Salt Form of Pharmaceutical Compounds
2. Determination of the Inventiveness of the Salt Form of Pharmaceutical Compounds

Continue Reading Determination of the Disclosure Sufficiency and Inventiveness of the Salt Form of Pharmaceutical Compounds ——Analysis of the Eltrombopag Olamine Salt Invalidity Case

The Supreme People’s Court published a final decision in April, in which the court holds that the court may reduce the damages awarded in the infringement proceeding for the infringing acts taking place before the amendment made to the asserted patent claim, provided that the claim is amended by adding technical features from other claims during the invalidation proceedings, considering the balancing between the public interests and protection for patents. Therefore, it is recommended that the patentee shall be prudent when considering to amend a patent claim by adding features from other claims during the invalidation proceedings.
Continue Reading The SPC’s Precedent Shows that the Amendment to Patent Claims during Invalidation Proceedings by Adding Technical Features of other Claims May Reduce the Damages Awarded in Infringement Proceedings

Recently, the Supreme People’s Court of PRC (“SPC”) ruled in the final judgments of two cases of infringement upon utility model patents that even if the infringer had only committed the infringement conduct of offering for sale, it should be also held liable for the damages caused to the right owner in addition to ceasing the infringement.
Continue Reading The SPC Rules that the Infringer Only Offering for Sale the Accused Product Should be Also Liable for Damages

Applicant for cancellation: Heyi (Hong Kong) Asset Management Co., Ltd.

Trademark registrant: Dai Nengzhong

Key words: Trademark use, Non-use cancellation, Franchising,  Commercial administration of the licensing of the goods and services of others.
Continue Reading Use of the trademark in connection with “franchising” does not constitute the use on “commercial administration of the licensing of the goods and services of others” —-Trademark Cancellation Review against Registration for “和易购” No.13274116

Recently, the China National Intellectual Property Administration (“CNIPA”) published a Notice on Action Plan for Combating Malicious Squatting of Trademarks (“Notice”). The Notice emphasizes that malicious trademark squatting cause serious damage to the legitimate rights and interests of honest market participants and general public, and seriously harms the order of trademark registration management. In order to strengthen governance from the source and establish an efficient working mechanism for cracking down on malicious squatting, with coordination among different departments, the CNIPA has decided to carry out a special action against malicious squatting from March 2021.  The work focus on the following seven types of trademark malicious squatting seeking improper benefits, disturbing the order of trademark registration and causing relatively adverse social impact:
Continue Reading The China National Intellectual Property Administration Initiate Special Campaign against Malicious Squatting of Trademarks

In recent years, with the development and maturity of emerging technologies such as artificial intelligence and big data, China has ushered in an upsurge of high-tech entrepreneurship.  With the timely launch of the Science and Technology Innovation Board, domestic high-tech start-ups have become the most popular investment targets in the capital market.  Since intellectual property (“IP”) rights are the core value of high-tech start-ups and the high risk of investment, it has become the most concerned issue for investors before making investment decisions.  Therefore, more and more investors choose to entrust intermediary agencies to conduct specific due diligence on the target company’s IP rights before making investment decisions to understand the target company’s IP rights and provide extremely important information support for investment decisions.
Continue Reading Introduction to Intellectual Property Due Diligence

According to the relevant provisions of the Chinese Civil Procedure Law, the parties in a patent civil infringement case shall perform the court’s effective judgments, rulings, etc.. Where the party refuses to perform, the opposing party may apply to the court for enforcement within two years from the effective date of the judgments, rulings, etc., or the last day of the performance period specified in the judgments or ruling. Since the limitation of action of the application for enforcement shall be governed by the provisions of the Civil Procedure Law on the suspension and interruption of the statute of limitations, and it is also necessary to avoid the transfer of property by the party liable for compensation after the delay in time, the party winning the lawsuit shall communicate with the infringing party as soon as possible to request it to conduct the effective rulings. The winner may apply to the court for compulsory enforcement directly after communicating to no avail.
Continue Reading Brief Introduction of Enforcements of Judgments in Chinese Patent Infringement Cases

Through comparative study with European and American practices, this part puts forward suggestions for improving the current examination standards for compound patents in China, especially the examination standards for inventiveness issue.
Continue Reading Stability Analysis of Patents with Compound Subject Matter during Invalidation Stage

今年国家知識産権局から公示された2019年度特許復審・無効十大審判事件のうち、機械分野に関わる事件が五件ある。これらの事件は、社会的影響が大きく、焦点となる問題が典型的であることから、十大事件として選出されており、これらの具体的な事件における国家知識産権局復審・無効審理部の判断は、将来の実体審査及び審判に対して大きな影響を与えるものと考えられる。とりわけ、類似の事件においてそれを援用・活用することもできると思われる。
Continue Reading 2019年度特許復審・無効十大審判事件(機械関連)紹介