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).