ARTICLE
24 November 2021

CNIPA Accepted The First Two "Important" Infringement Complaints

TM
Toby Mak

Contributor

Dr. Toby Mak is somewhat unique as a registered Chinese patent attorney, as he was trained under the UK patent system, and has passed some of the UK patent attorney’s examination papers. He actively publishes articles on Chinese IP, and speaks on Chinese IP for various organizations around the world.
CNIPA accepted the first two "important" infringement complaints. See the notice from the CNIPA below:
China Intellectual Property

CNIPA accepted the first two "important" infringement complaints. See the notice from the CNIPA below:
https://lnkd.in/gwUTzz8K

The acceptances are in accordance with Article 70 of the Chinese Patent Law (2020), which empowers the CNIPA to adjudicate patent infringement complaints with "nationwide importance influence". The parties and the patent involved were not revealed in the notice above.

According to the above notice, in addition to a panel to make the decision, technical investigator would also be involved. A hearing would be held before a decision is made. These are similar to the processes at a court in China.

The CNIPA could become a favorable forum to handle infringement if the CNIPA requires less stringent requirements on submission of formality documents like Power of Attorney and business registration certificates than a court. Specifically, it appears that the CNIPA does not require notarization and legalization of these documents, while a court does require.

I will keep you posted if I have heard of anything, and likewise I will be grateful for any sharing of relevant news.

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