The Greater China IP Updates ¡V January 2022

By Lyndon 

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China to Strengthen Crackdown on Abnormal Patent Agent Activities

The National Intellectual Property Administration recently announced that it will strengthen its crackdown on abnormal patent activities.  The Chinese IPR authorities will penalize those agents involved in large numbers of abnormal patent applications or patent fabrication activities, either revoking their practice licenses or preventing them from taking on new business, said the NIPA in a new notice.  The NIPA intends to do this by improving big-data screening and monitoring, and they state they will detain any agents involved in irregular activities and abnormal patent applications.  The IPR authorities will increase the regularity of those patent agents who have an obviously abnormal number of cases per capita.  Punishments will be meted out not just to those involved in abnormal patent applications but also to those who rent out or lend their patent agent credentials.

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China Approves Intellectual Property Protection Center in Guiyang

CNIPA has recently agreed to build an Intellectual Property Protection Center in Guiyang.  It will be the first one in that locality and the 54^th nationwide.  Its functions will include such duties as carrying out rapid and collaborative IP protection for new generation information technology and high-end manufacturing, as well as supporting the construction of the Guiyang National Big Data and Network Security Demonstration Pilot City.  Also, the center will provide local innovators with one-stop IP-related services integrating rapid pre-examination and rapid IPRs confirmation and protection, and thoroughly implement the innovation-driven development strategy.  Long-term, this will increase the likelihood of establishing a strong environment for innovation, entrepreneurship and business, and facilitate a high standard of development for the economy..

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China Issues First Trademark Stock

The Shenzhen Stock Exchange issued China¡¦s first trademark securitization scheme through an IPO in November, 2021.  The foundational intellectual property assets underpinning this scheme comprise 58 trademarks owned by 12 companies whose businesses range from information technology, smart manufacturing, green energy etc.  These trademarks have been valued at 390 million yuan.  China is exploring pathways to enable corporations that have few tangible assets to obtain significant funding without having to sell any portion of the ownership of their corporation.  In this case, offering security interests in intangible assets such as intellectual property in the form of patents, trademarks and copyrights is a logical and timely solution to a dilemma that companies often face.

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Beijing IP Court Issues Guideline on Submitting Trade Secrets

After investigating plaintiffs concerns about the likelihood of leaking trade secrets again during the proof process, the Beijing Intellectual Property Court issued a guideline to help litigants access better evidence in civil cases involving trade secret infringements.  The guideline specifies what situations can be identified as trade secret infringement and what evidence should be provided if someone wants to sue an infringer.  Regarding trade secrets as a special Intellectual Property Right, it is observed that relevant infringements are more complicated and harder to be discovered compared to infringements in the patent or trademark field.  The intention is that injured parties can more easily provide sufficient evidence and feel more confident of achieving justice when going forward with a lawsuit.

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Hong Kong Adopts the 2022 Nice Classification

With effect from January 1, 2022, the 2022 version of the eleventh edition of the Nice Classification shall be adopted for the purpose of classifying goods and services under the Trade Marks Ordinance in Hong Kong.

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