Perkins Coie (JD Supra China)

The China National Intellectual Property Administration (CNIPA) and the National Medical Products Administration (NMPA) in the People’s Republic of China (PRC) issued measures to facilitate the implementation of the newly amended PRC Patent Law (the Law), which took effect on June 1, 2021. The measures involve (1) the interim measures for the implementation of the Law and (2) the patent linkage...

In the last two years, the Chinese Ministry of Industry and Information Technology, together with other agencies in the Chinese government, launched a series of campaigns for the rectification of excessive personal information processing activities of mobile application developers, operators, and third-party service providers. Now, drawing on the insights from these special rectification...

This update addresses three important changes to pharmaceutical patents in the People’s Republic of China (PRC) in view of the newly amended PRC Patent Law (the Law), which will take effect on June 1, 2021, and the recent amendments to the Patent Examination Guidelines (the 2021 Guidelines) that took effect on January 15, 2021...

The Ministry of Commerce of the People’s Republic of China started the multiyear process of enacting a new comprehensive Export Control Law by releasing an initial draft for comment in 2017. Subsequently, following input from stakeholders and the public, two further drafts were released in December 2019 and June 2020, respectively. Ultimately, the Standing Committee of the National People’s...

After struggling with developing a national-level data privacy law for over a decade, the National People’s Congress of People’s Republic of China released the draft Personal Information Protection Law (Draft Law) on October 21, 2020. The Draft Law was open for public comments for almost a month and is likely to be adopted as is. Once issued, the Personal Information Protection Law will be the...

After undergoing several rounds of revisions to the 2019 draft specifications, the new Information Security Technology-Personal Information Security Specifications (GB/T35273-2020) (New Personal Information Specifications) were released jointly by the State Administration of Market Regulation and the Standardization Administration of China on March 6, 2020. The New Personal Information...

The State Administration for Market Regulation (SAMR) on June 15, 2020, issued a Circular on Seeking Public Comments on the Administrative Regulations of the People’s Republic of China on Registration of Commercial Entities (Draft) (??«?????????????????(??)»?????????, http://www.samr.gov.cn/hd/zjdc/202006/t20200615_317040.html) (the Administrative Registration Regulations). The proposed...

The coronavirus outbreak (COVID-19) has prompted China’s central and local governments to undertake special management measures. These include daily reporting of the national epidemic statistics, extending the Spring Festival holiday, restricting traffic in and out of many cities in Hubei Province, and strictly screening and closely monitoring high-risk population groups in various regions.

China is in the process of drafting a new comprehensive Export Control Law, following the June 2017 release of an initial draft for comment (Draft Export Control Law) by the Ministry of Commerce of the People’s Republic of China (MOFCOM). The Export Control Law is already in the National People’s Congress (NPC) 2019 legislative plan.

In recent years, with the increase in patent applications filed in China, the China National Intellectual Property Administration (CNIPA) has focused on expediting patent examinations to decrease the duration of the normal patent prosecution process. There are two main paths for expediting patent prosecution in China: one is Prioritized Examination and the other is the Patent Prosecution Highway (

The Standing Committee of the National People’s Congress released the Encryption Law of the People’s Republic of China (Draft) for public comment on July 5, 2019 (the “2019 Draft”). The Encryption Law is being enacted to do the following...

This update outlines the current trends in China’s bankruptcy filings based on surveys and data of bankruptcy court cases released by the Supreme People’s Court (SPC) in the past five years. Historically, China’s economy has evolved from a planned economy to a market-oriented system. When China launched a series of economic reforms in 1986, the government passed its first bankruptcy law, which

The Cyberspace Administration of China (i.e., the Office of the Central Cyberspace Affairs of China) promulgated the draft Measures for Data Security Management (the Measures) for public comment on May 28. With “network operator” as the main regulatory object, the Measures focus on the data collection, data processing and use, data security supervision, and management of personal information and...

On March 30, 2019, the Cyberspace Administration of China (CAC) released the first list of 197 blockchain information service providers that successfully registered pursuant to the Administrative Regulations on Blockchain Information Services. The list includes well-known Chinese internet companies such as Baidu, Alibaba, Tencent and JD.com, financial institutions like Ping An, China Zheshang...

The Standing Committee of the National People’s Congress (NPC) announced amendments to the Trademark Law of the People’s Republic of China (PRC Trademark Law) on April 23, 2019. The amendments apply to six articles of the PRC Trademark Law and will go into effect on November 1, 2019. The timing for the release of these amendments was largely unexpected and did not follow the stakeholder...

Under the impact of the Chinese government’s recent formal notices of halting ICOs, Notice 99 and Joint Notice released on September 2, 2017 and September 4, 2017 respectively, Beijing authorities have taken further actions and held meetings with Beijing-based trading platforms with regard to a trading halt on September 15, 2017, following Shanghai’s “verbal notice” of a trading halt and the...

The government of the People’s Republic of China (PRC) has formally announced a suspension to all ICOs and token offerings and financing activities by releasing two notices, namely, the Notice of Seven Ministries Including the People’s Bank of China on Guard against Risks of Token Offering and Financing (Joint Notice) and Notice on the Rectification of Token Offering and Financing Activities (Zhen

Qualcomm sells chipsets and licenses its related standard-essential patents for use in 3G- and 4G-enabled smartphones and tablets. In late 2013, China’s National Development and Reform Commission (NDRC) began investigating Qualcomm’s patent licensing practices under China’s Anti-Monopoly Law (AML).

On November 10, United States Trade Representative Michael Froman announced a major breakthrough in negotiations with China to eliminate tariffs on information technology products by expanding the scope of the International Technology Agreement (ITA). The ITA could reduce or eliminate tariffs on high-tech products such as medical imaging equipment, GPS devices, video game consoles, prepaid cards,

On March 17, 2014, China’s State Intellectual Property Office announced an amendment to its current Guidelines for Patent Examination for design patent protection for graphic user interfaces (GUIs).

On December 31, 2013, SolarWorld Industries America (SolarWorld), a U.S. manufacturer of solar panels, petitioned the Department of Commerce (Commerce) and the International Trade Commission (ITC) for additional tariffs on imports of solar products from China and Taiwan that SolarWorld alleges are dumped (sold at less than fair value) and/or on Chinese products that benefit from Chinese...

China’s National People’s Congress enacted the third amendment to the trademark law on August 30, 2013, and it will come into force on May 1, 2014. The amended trademark law appears to be a significant improvement on the past version of the trademark law as it potentially reduces trademark squatting, potentially significantly improves the amount of damages available, imposes time limits on the...

Earlier this month, the State Intellectual Property Office (“SIPO”) of the People’s Republic of China released a proposed amendment to the Chinese Patent Law and is now accepting comments. The proposed amendment will be the fourth amendment to the Chinese Patent Law since its initial adoption in 1984.

On August 1, 2012, the China International Economic and Trade Arbitration Commission ("CIETAC") issued an announcement suspending its Shanghai and Shenzhen subcommissions. Subsequently, the Shanghai and Shenzhen subcommissions jointly declared their independence of CIETAC and further stated that the CIETAC announcement did not bind them. This situation represents an escalation of a dispute...