Links to China's Governmental IP ites

China's Patent Law, Regulations, and Guidelines of Examination, etc.


• Patent Law of the People's Republic of China
• Implementing Regulations of the Patent Law of the People's Republic of China
• IP laws and regulations on CPO's webpage of CPO (full English translation)
  
  
• Guidelines of Examination of CPO (Effective since 01 July 2006; Chinese text in PDF format; I have not found any English translation of it.)
  
  
  
  
  China's Trademark Law, Regulations, and Guidelines of Examination, etc.
  
  
• Trademark Law of the People's Republic of China
• Regulations for the Implementation of the Trademark Law of the People's Republic of China
• IP laws and regulations on CTO's webpage of CTO (full English translation)
  
• Link for downloading full Chinese text of Trademark Examination Guidelines of CTO can be found on this webpage of CTO. I have not found any English translation of the CTO Guidelines.
  

• Pfizer wins over VIAGRA patent dispute in China's court (On June 03 2006, the Second Intermediate People's Court of Beijing upheld Pfizer's request that SIPO's decision of invalidation of Pfizer's VIAGRA patent in China be withdrawn. SIPO (State IP Office of PRC) had invalidated Pfizer's VIAGRA patent upon request by 17 Chinese companys and person. So far SIPO has not indicated whether it is going to appeal the Court's decision to the Higher People's Court of Beijing. ) (detailed report in Chinese)
  

• Chinese companys appeal court's decision on Pfizer's VIAGRA patent (Ten Chinese companys, who are among the 12 companys requesting invalidation of Pfizer's VIAGRA patent, appeal to the Higher People's Court of Beijing a lower court's decision supporting Pfizer's VIAGRA patent. Although the decision of the lower court, the Second Intermediate People's Court of Beijing, is against an earlier decision by the Patent Reexamination Committee of SIPO invalidating Pfizer's VIAGRA patent, the Reexamination Committee itself, however, does not appeal the lower court's decision. The ten Chinese companys made the appeal as the third party of the case of Pfizer vs the Reexamination Committee in the lower court. The remaining two companys among the 12 companys requesting the invalidation, however, also does not appeal). (detailed report in Chinese)
  

• The Third Amendment to the Patent Law of China is underway (In a guidelines of research issues relating to the Third Amendment, published by SIPO in March 2005, over 20 issues were listed as under consideration for the Amendment, including simplification of filing and examination fees, criteria of novelty and inventiveness, criteria for granting design patents, criteria for judging patent infringement, problems relating to the belonging of rights of application of patent and rights of patent, etc. It is reported that a draft of the Third Amendment is expected to be presented to an office of the State Council by the end of this year and that the Third Amendment is expected to come into effect by 2008. (see a relevent report in Chinese)

• A draft of the Third Amendment to the Patent Law of China is published by CPO on 31 July 2006 for comment and discussion by the public.
  
  

(latest update on 11 December 2006)

(Home)