As outlined in our previous post, on June 1, 2021 the Fourth Amendment to the Chinese Patent Law came into effect, allowing partial claiming in design patent applications. Until this past May, examination of most Chinese partial claim design patent applications had been held up by the China National Intellectual Property Administration (“CNIPA”), since the CNIPA had not published formal Examination Guidelines for partial design claiming. While formal Examination Guidelines have still not been published, the CNIPA has recently been issuing Office actions rejecting certain partial designs for failing to form a “relatively independent area” or a “relatively complete design unit” of a product. Since unclaimed broken lines can only be converted to solid lines (and vice versa) within two months from the Chinese filing date, a rejection indicating that the design fails to form a relatively independent area or a relatively complete design unit on a product can possibly mature into an incurable defect.Continue Reading Navigating Partial Design Rejections in China
China’s Copyright Law protects “works of literature, art, natural science, social science, engineering technology and the like which are expressed in the following forms: (1) written works; (2) oral works; (3) musical, dramatic, theatrical, choreographic and acrobatic artworks; (4) works of the fine arts and architecture; (5) pictorial and photographic works; (6) audiovisual works; (7) graphic works such as drawings of engineering designs, product designs, maps and sketches, etc.; (8) computer software; and (9) other intellectual achievements conforming to the characteristics of the works.” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law.
Continue Reading Protecting Product and Packaging Designs in China Part II – Copyright
Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. consumers and practitioners as “trade dress.” This four-part miniseries of posts provides a birds-eye view of protections available in China for two-dimensional (2D) and three-dimensional (3D) design elements of products or packaging under trademark, copyright, design patent, and anti-unfair competition laws. It focuses on the similarities and dissimilarities of different aspects of intellectual property (IP) law in China and how they interact with each other.
Continue Reading Protecting Product and Packaging Designs in China Part I – Trademarks
On October 17, 2020, the Chinese Legislature passed the Fourth Amendment to the Chinese Patent Law, which will come into effect on June 1, 2021. As discussed in our previous post, the Fourth Amendment included several updates that help move Chinese Design Patent Law toward harmonization with the laws of most major markets. As June 1st quickly approaches, the article below highlights and expands upon some of the major updates coming to Chinese Design Patent Law.
Continue Reading A Quick Dive Into the Upcoming Changes to Chinese Design Patent Law
The China National Intellectual Property Administration (CNIPA) has recently published a Fourth Revision to the patent laws of the People’s Republic of China, and included in those revisions are several updates that help move Chinese design patent law towards harmonization with the laws of most other major markets. In particular, the following revisions—which will come into effect on June 1, 2021—are the most relevant for Chinese design patent applicants and design patent holders:Continue Reading New Revisions to Chinese Patent Law Increase Design Patent Harmonization