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CNIPA Releases Draft Amendment to the Regulations on the Protection of Integrated Circuit Layout Designs for Comment
On December 26, 2024, China’s National Intellectual Property Administration (CNIPA) released the Draft Amendment to the Regulations on the Protection of Integrated Circuit (IC) Layout Designs for comment (集成电路布图设计保护条例修改草案(征求意见稿)). IC Layout Designs are somewhat analogous to design patents or copyrights but specifically for ICs and are not examined substantively. Some highlights of the Draft include: […]
China’s Supreme People’s Court Issues First Anti-Anti-Suit Injunction in Huawei v. Netgear
Following Huawei obtaining two anti-anti-suit injunctions (AASI) against Netgear on December 11, 2024 at the Unified Patent Court’s Munich Local Division and the Munich I Regional Court, China’s Supreme People’s Court also awarded an AASI in favor of Huawei against Netgear in a decision dated December 22, 2024. This is believed to be the first […]
China’s National People’s Congress Releases Draft of the Anti-Unfair Competition Law for Comment
On December 25, 2024, the China’s National People’s Congress (NPC) released the draft Anti-Unfair Competition Law (AUCL, 反不正当竞争法(修订草案)) for comment. From an IP perspective, the Draft updates Article 7 for newish technology. However, Artificial Intelligence is left out and might warrant a comment, e.g., to prevent LLM hallucinations that cause confusion as to a connection […]
China’s National Intellectual Property Administration Releases Statistical Data on Patent Licensing from 2019 – 2023
On December 20, 2024, China’s National Intellectual Property Administration (CNIPA) released statistical data on patent licensing in 2023 and statistical data on patent licensing from 2019 to 2023 including licensing rates for different technologies (国家知识产权局办公室关于公布2023年度及近五年备案的专利实施许可合同有关数据的通知). This data may be useful for determining market rates and therefore avoiding antitrust enforcement actions by the State Administration for […]
China’s National Copyright Administration and Ministry of Education to Stop Software Piracy in the Education Sector by End of 2027
On December 11, 2024, China’s National Copyright Administration and Ministry of Education released the Notice of Legalization of Software in the Education System (教育部 国家版权局关于做好教育系统软件 正版化工作的通知). The Notice was issued in order to implement the Notice of the General Office of the State Council on Issuing the Measures for the Administration of the Use of […]
CNIPA Releases Draft Guidelines for Patent Applications for Artificial Intelligence-Related Inventions
On December 6, 2024, China’s National Intellectual Property Administration (CNIPA) released the Draft Guidelines for Patent Applications for Artificial Intelligence-Related Inventions (人工智能相关发明专利申请指引(征求意见稿)). The Guidelines detail the type of Artificial Intelligence (AI) related patent applications; identification of inventors; subject matter eligibility; disclosure requirements; inventiveness examination; and ethical issues. Excerpts follow. The full text is available here […]