CNIPA Issues Measures on Establishment of Permanent Representative Offices in China by Foreign Patent Agencies
Promulgation date: 7 January 2022
Effective date: 7 January 2022
These administrative rules, which came into effect on 7 January 2022, set out the procedure governing the establishment and operation of foreign patent agency permanent representative offices in China. They include provisions that safeguard the rights and interests of the offices and their representatives; provisions dealing with legal liability for contraventions of the law; provisions dealing with the administration of the offices by the CNIPA and the IPR authorities at provincial level, as well as provisions that aim to optimize the business environment and ensure the development of a high-quality patency agency industry.
According to the Measures, a foreign patent agency seeking to establish a permanent representative office in China must satisfy the following criteria:
(1) the agency must be legally established abroad；
(2) it must have been in the patent agency business for more than five years, and not have breached any relevant law or regulation;
(3) it must have more than 10 patent attorneys practicing in its own country; and
(4) the chief representative of the resident office must have full capacity for civil conduct and a patent agent qualification. He must have practiced as a patent agent for no less than two years, and not breached any relevant law or regulation, or any criminal law.
Presentation of CNIPA Work Report - 2021 Achievements and Targets for 2022
Date: 7 January 2022
At the National Conference of Director-Generals of Local IP Offices, held in Beijing on 6 January 2022, Changyu Shen, Commissioner of CNIPA, presented a work report summarizing the achievements of 2021 and listing the targets and tasks for 2022.
The Report summarized the work carried out in 2021, which demonstrates an improvement, in terms of both quantity and quality, in the IPR development indicators.
In relation to the creation of IP rights. Patent rights were granted to 696,000 inventions, 3.12 million utility models and 786,000 designs; the number of high-value invention patents per 10,000 people in China (excluding Hong Kong, Macao and Taiwan) reached 7.5; 73,000 PCT international patent applications were accepted; 7.739 million trademark registration applications were approved; 5,928 Madrid international trademark registration applications were accepted; 99 products were protected by geographical indications; 477 applications for registration of a geographical mark as a collective trademark or certification mark were approved; and 13,000 integrated circuit layout designs were registered.
In relation to IP examination. The review cycle of patent applications for high-value inventions was shortened to 13.3 months; the review cycle for invention patent applications was shortened to 18.5 months; and the review cycle for trademark registrations stabilized at four months. The reduction in the review cycle for patent applications for high-value inventions and trademark registrations met the Five-year reform targets proposed by the State Council.
In relation to protection. CNIPA handled 49,800 administrative patent infringement cases, a year-on-year increase of 17.4%. Approval was given for the establishment of twenty-five Intellectual Property Protection Centers and Rapid Intellectual Property Right Protection Centers, to provide speedy, efficient, and low-cost services, and 50 Demonstration Areas for the protection of national geographical indication products. Public satisfaction with intellectual property protection further improved to 80.61 points.
Value of China’s Copyright Industry growth in 2020 Reached CNY 7.51 Trillion Yuan (approx. 1.18 trillion US$)
Date: 07 January 2022
The Chinese Academy of Press and Publication recently published a survey report of The Economic Contribution of China Copyright Industry in 2020. According to the report, from 2016 to 2020, the value of China’s copyright industry increased from RMB 5.46 trillion to RMB 7.51 trillion, and the scale of the industry expanded by 38%. The proportion of the country’s GDP represented by the copyright industry increased from 7.33 in 2016 to 7.39 in 2020, up by 0.06 percentage points, recording a trend of steady increase. In the same period, 2016 to 2020, the growth rate in the value of the Copyright Industry was 8.3%, which was 0.2 percentage points higher than the GDP growth rate.
Under the impact of the Covid-19 in 2020, traditional industries such as the book, newspaper and periodical industries have slipped, while the emerging industries represented by software, information technology service, digital publishing, and online audio-visual have achieved recession-defying growth. The emerging industries are developing well and have become an important guarantee for China’s core copyright industry to maintain stability and prosperity. In 2020, the value of growth in China’s core copyright industry reached RMB 4.75 trillion, an increase of 3.5% year-on-year, accounting for 63% of the total copyright industry.
Source: National Copyright Administration
CNIPA Releases 14th Five-year Plan for Patent and Trademark Review
Date: 31 December 2021
The CNIPA recently released its 14th Five-year Plan for Patent and Trademark Review (‘Plan’) setting out development goals to be reached by 2025. Of particular interest is the aim to reduce the average invention patent examination period from 20 months to 15 months and the average trademark examination period from eight to seven months, but there are also aims to respond more quickly and effectively to the development of emerging fields and new forms of business, to improve quality generally and to further promote the continued deepening of international cooperation in relation to examination.
According to the Plan, the main tasks of the patent and trademark review work over the 14th Five-Year Plan period include continuous improvement of the review system, steady improvement of review quality, continuous improvement of examination efficiency, coordinated promotion of application quality improvement, improvement of the operational efficiency of review authorities, reform of patent and trademark application and registration processes and comprehensive review of international cooperation.