Fourth amendments of the Chinese patent law has taken effect on June 1, 2021, wherein, as for Patent Term Adjustment (PTA) for pharmaceutical patents, Paragraph 3 of Article 42 stipulates that, in order to compensate for the time taken for the review and approval of new drugs, for new drug-related invention patents that have been approved for marketing in China, the Patent Administration Department of the State Council shall, at the request of the patentee, grant compensation for the duration of the patent right.

Over the years, Chang Tsi & Partners has maintained a strong relationship and close collaboration with Customs at various levels in China. Participating in intellectual property protection training organised by Customs across the country has been a crucial aspect of Chang Tsi's daily work.

During an executive meeting on November 3, 2023, the State Council, China's Cabinet, approved the Draft Implementation Rules of the Patent Law. As an important supporting regulation to ensure the implementation of the Patent Law, the revision of the Implementing Rules of the Patent Law has been highly anticipated since the fourth amendment of the Patent Law was passed. It has been three years since the China National Intellectual Property Administration (CNIPA) published the Proposals for Revisions to the Implementing Rules of the Patent Law (Draft for Comment) on November 27, 2020. With the approval of the Draft Implementation Rules at the State Council executive meeting, the formal version of the Implementation Rules of the Patent Law is expected to be officially released soon. 

Skechers (Hengqin New Area, Zhuhai) Commercial Co., Ltd. sued Guangdong Camel Clothing Co., Ltd., Guangzhou Camel Home Textile Technology Co., Ltd., Guangdong Zhongyou Technology Co., Ltd., Tianjin Ruijiaxun Trading Co., Ltd. for design patent infringement dispute (first instance).

On September 4, 2023, China’s third-party media released the China Patent Invalidity Data Quick Check Manual (2023 Edition). In this manual, the overall situation of China patent invalidation is introduced, including statistical analysis of the parties, trial cycle, and legal basis. Based on the manual, this report has compiled some key data for your reference.

Recently, Lihan's Hong Kong Team helped one of its Fortune 500 clients, a global tech giant, win a "milestone" trademark case regarding refusal on absolute grounds in Hong Kong.

Macau Customs maintains an enforcement department for IP investigation that works closely with Mainland Chinese authorities, foreign customs agencies, and World Customs Organization to ensure best practices in encountering criminal organizations engaged in IP theft. 

There are no formalities required to obtain copyright protection for a work in the Hong Kong SAR. Works of authors from any place in the world, or works first published anywhere in the world, also qualify for copyright protection in the Hong Kong SAR. 

Defensive trademarks have been protected in HK based on Trade Marks Ordinance. It was also possible under Cap. 43 (see sections 55 to 57) to register defensive trademarks.

For years, malicious trademark registration has not fully stopped in China. This happens mainly because in China the principle of first-to-file is applicable and the cost for trademark registration is relatively low. For the purpose of enhancing trademark protection and creating a friendly business environment, China has been taking multiple measures and continued efforts from the perspectives of legislation, administrative protection, and judicial protection to crack down on malicious trademark registrations.

The trademark registration systems of Hong Kong, Macao, and Taiwan provide territorial protection. Hence, trademarks registered with the China National Intellectual Property Administration or trademarks registries of other countries or regions do not automatically receive extension protection in these three jurisdictions. As a gateway to China and Asia, Hong Kong, Macao, and TAIWAN are set to benefit from the economic integration of the Greater China region. To obtain a registered trademark under Hong Kong, Macao, and Taiwan trademark laws precede in launching a new business in Great China. 

This is a criminal raid action against an infringer who produced and sold counterfeit products in large quantities.