Intellectual Property

Confidentiality review required before filing foreign patent applications.

Xing [email protected] 11th meeting of the Standing Committee of the National People's Congress for 2008 passed amendments to the PRC Patent…

No more China first filing, but closer scrutiny of foreign applications

China has revised its Patent Law for the third time, and issued the first proposed draft amendments to the Implementing Regulations. There are key changes relating to invention patents and utility models. These should better align the Law with international standards, but there will be notable implications for foreign-invested companies. By Ronald Chu and Annie Tsoi, Deacons.

Trademark rights owners in China are increasingly demanding action against keyword advertising programmes used by well-known internet search engines. Recent court decisions in Beijing, Shanghai and Guangzhou are helpful but highlight regional disparities. By Luckie Hong, Jones Day.

The revised Law now requires any work unit or individual wishing to apply for a patent in a foreign country for an invention or utility model completed in China to first submit such invention or utility model to the State Council's patent administrative department for a confidentiality review.

Elinor [email protected] General Administration of Customs of China (GAC) is seeking comment on the draft amendments to the Implementing…

Foreign companies have recently won court cases by claiming their trademarks are well-known in China. A new draft judicial interpretation on the recognition and protection of well-known trademarks in civil litigation will further reinforce such claims. It sets criteria for the recognition of well-known marks and standardises the remedies available for their owners. By Yang Xun, Freshfields Bruckhaus Deringer, Hong Kong.

Mai [email protected] various reasons many multinational companies (MNCs) own their global intellectual property (IP) outside of China. To…