Yet another two CN IP updates – SPC updates its stipulations on handling IP cases, and CNIPA proposed measures to evaluate creditability of trademark agencies/agents.
Both were announced yesterday 27 October 2023, with details as below.
SPC updates its stipulations on handling IP cases
The link is https://lnkd.in/dQCn2i3B (not accessible outside of China due to geo-blocking). The English translation is attached.
Compared with the 2018 version (available at https://lnkd.in/diFyaYFh, again geo-blocked), the changes are as below:
- Article 2 – removing restrictions on the type of courts where the appeal cases are from.
- Article 3 – allow the SPC to accept electronic files only.
- Article 4 (New) – providing SPC the authority to request disclosure of relevant case information such as ownership dispute, infringement, and the like, from the involved parties.
- Article 7 – removed the possibility of SPC disclosing filing information of cases, judgement decisions and the like on electronic platforms. [Sorry, SPC's decisions seem to be less and less available]
- Removed previous articles 5 (Evidence exchanges, pre-trial meetings, etc. can be organized through electronic litigation platforms or online video methods), and 12-14 (provisions for appeal for decisions made before 1 January 2019, which all appeal deadlines should have lapsed, and cases that could be accepted by the SPC before 1 January 2019, which should now become obsolete).
While there are improvements, the seemingly reduced availability of the SPC's decisions is worrying.
CNIPA proposed measures to evaluate creditability of trademark agencies/agents
Available at https://lnkd.in/dag7qW7R. Deadline to comment is 3 November 2023 (Seriously?). English translations are attached.
These drafts appear to be similar to those for patent agencies/attorneys, with ease in deduction in points (at least 10), and gaining points are more difficult (at most 3). Typical Chinese system with focus on preventing people from stepping across any line, at least to me.
Any thoughts will be welcomed.
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