The Greater China IP Updates ¡V June 2022

By Lyndon 

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Measures for Expedited Examination of Trademark Registration Applications in China

In January 2022, the State Intellectual Property Office issued the Measures for Expedited Examination of Trademark Registration Applications, which clarify the circumstances under which expedited examination of a trademark registration application may be requested.  Expedited examination can be requested in the following circumstances.

1. The application involves the names of major construction projects, scientific and technological infrastructure, competitions and exhibitions, for which trademark protection is urgent.
2. The application has a direct connection to a public incident involving social security or public health.
3. The trademark is needed for improving the development of the economy or society.
4. Any situation that has implications for national interest or regional development strategies.

In addition, the trademark registration application must be agreed upon by all the applicants, the application must be filed electronically, and no priority right is requested.  The expedited examination procedure can be terminated under various circumstances where expedited examination is not possible, such as if the application must be corrected or further explained.

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Lobby Group Including Chinese Companies Complain about Indian Accusations about Patent Fees

India¡¦s enforcement agencies are misunderstanding how patent fees work according to a lobby group which includes Apple Inc. and Xiaomi Corp.  The lobby group, the India Cellular and Electronics Association (ICEA), has been increasingly concerned after tax raids on Xiaomi amid accusations of money laundering were launched by India¡¦s enforcement authorities.  The ICEA sent a letter to ministries urging the government to intervene after the Indian agency accused Xiaomi of moving money out of the country by falsely claiming it was for patent fee payments.  The agency seized more than 700 million Dollars from a local unit of the Chinese smartphone maker in a move that has been put on hold pending a final court decision.  The lobby group said in the letter that such an action would have a chilling effect on future investment in the country.  Xiaomi, on its part, said that its patent fee payments were normal procedure and its statements to financial institutions were accurate.  The company said Indian authorities were assuming that royalty payments were a disguised way of sending money out of the country, and that they were being targeted as a Chinese company.  As well as Xiaomi, ICEA also includes Oppo Mobile Telecommunications Corp., Hon Hai Precision Industry Co., and Wistron Corp., all of whom are worried that enforcement agencies will open similar investigations on them.

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