The People's Republic of China

As COVID-19 infections rise, CNIPA and SPC have taken various measures against the pandemic.

China National Intellectual Property Administration

●April 29　Source: english.cnipa.gov.cn

In a bid to boost scientific research on epidemic prevention and control and provide sophisticated and timely information service for users from home and abroad, under the guidance of China National Intellectual Property Administration (CNIPA) organized its affiliated China Patent Information Center (CNPAT) and Patent Examination Cooperation (Beijing) Center of the Patent Office in developing the English version of the information-sharing platform for patents on epidemic prevention against COVID-19 based on the original one. The English version was launched on April 20.

The platform supports a new function of online translation, which can translate the Chinese patent titles online relying on CNPAT's new generation of artificial intelligence (AI) translation system and enables foreign researchers fighting against COVID-19 to access the related information as much as possible. In addition to functional optimization, the platform has the same style and content with the original one, that is, the platform is open to the public for free; over 7,000 pieces of Chinese and foreign patent technical information related to the epidemic prevention against COVID-19 are selected into the database, while being sorted and divided into 9 first-levelbranches, 34 second-level branches and 78 third-level branches according to technical relevancy and weight, and covering nine technical fields; the platform offers an analysis report section specifically for intensively recording patent data analysis reports related to epidemic prevention, so that the latest achievements in patent research can be quickly consulted and acquired; the platform is rigorous in system construction, stable when operated, fast and efficient in response and free of registration and login and not limited by regions.

●April 7　Source: english.cnipa.gov.cn

Under the impact of the COVID-19 epidemic, and in order to effectively protect the legitimate rights and interests of interested parties to patents, trademarks, and layout-designs of integrated circuits,  CNIPA has issued Notice No. 350 on January 28th, 2020, clarifying relief measures for parties exceeding the time limits for handling affairs in relation to patents, trademarks and layout-designs of integrated circuits as a result of the epidemic. This Notice applies to all interested parties in countries and regions affected by the COVID-19 epidemic. Parties affected by the epidemic may complete relevant formalities in accordance with the requirements stipulated in Notice No. 350.

●March 4　Source: english.cnipa.gov.cn

The State Administration for Market Regulation, National Medical Products Administration and CNIPA, jointly promulgated the Ten Measures to Support the Resumption of Work and Production. The measures mainly include: patent and trademark applications related to prevention and control of the COVID-19 epidemic will be prioritized for examination; supporting enterprises to gain IP pledge financing; in accordance with relevant laws and regulations, facilitation and relief measures will be given to enterprises which have resumed work and production while dealing with matters related to patents, trademarks and integrated circuit layout designs beyond the relevant period due to the impact of the epidemic.

On the basis of ensuring hardened prevention and control of the epidemic on its own campus, CNIPA has resumed normal operation, invoked measures to support companies and the bigger picture, the country's economic and social development, to be back on track. The IP authorities across the nation will translate the above-mentioned ten measures into their operational toolkits for accomplishing the set goals of the measures.

●February 14　Source: english.cnipa.gov.cn

On February 6, CNIPA published the Answers to Matters Concerning the Time Limits for Trademark Business Handling Due to the Novel Coronavirus Outbreak (hereinafter referred to as the Answers) on its website, specifying related matters for clients.

The Answers specifies that, for trademark-related businesses like trademark supplement and correction, reply to examination comments, trademark fee payment, provision of proof for use for applications on the same day and reply of negotiation, provision of proof for cancellation of registered trademark for non-use for three consecutive years, application, reply and additional evidence for trademark oppositions, retrial of refused trademark and retrial of invalidation, and trademark-related matters like reply to request for invalidation and additional evidence, if the client fails to do them within the legal or specified time limit due to the epidemic, related time limit shall be suspended since the date when client begins to be hospitalized or isolated after being infected with the novel coronavirus pneumonia or the date when trademark businesses can’t be handled normally in the place where the client is located due to the prevention and control measures, until the date when the infected client is discharged from hospital or the isolation ends, or the date when the local place resumes work and management and control on people ends.

The Answers also specifies that, when handling the above trademark businesses, clients shall also submit the written application for the suspension of the applicable time limit, which is supposed to specify the place where the client is located during the epidemic, barrier to exercise of right and date of elimination, with corresponding evidentiary materials being attached. The evidentiary materials shall include the time limit of infection and treatment, isolation or control, except the public notice on postponement of resuming work issued by local government. To lighten the burden of clients affected by the epidemic, for multiple similar applications for suspension of time limit for the same reason, only one copy of the evidentiary materials needs to be submitted, and it shall be submitted together with one of the cases. And for other cases, only the application number of the case to which the evidentiary materials are enclosed needs to be indicated in the application for suspension of the applicable time limit.

In addition, clients who fail to apply for registration renewal of trademarks within the extension period due to the epidemic, which may cause the loss of trademark right, may apply for extension within two months since the elimination of the barrier to the exercise of the rights, with related evidentiary materials being attached.

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The Supreme People's Court

●March 11　Source: english.cnipa.gov.cn

The Supreme People's Court commenced its first online mobile hearing on Feb 25 when its intellectual property rights court conducted remote video inquiries involving parties scattering in different places.

Through the top court's "mobile micro court" platform, the Intellectual Property Court made inquiries of attorney agents who were separately located in Shanghai municipality Zhejiang and Anhui provinces about two jurisdiction-related appeals.

The court made the decision to conduct video inquiries after obtaining the consent of all the agents who were either unable to return to their offices or under home quarantine due to the COVID-19 outbreak.

All involved parties had logged into the "mobile micro court" app to get familiar with it the day before the inquiries.

To start with, the court completed the service of relevant court documents while the agents submitted their identity certificates via the app.

During the inquiries, judges and parties all appeared on the screens of their mobile phones in real time. At the end of the inquiries, parties signed the inquiry transcripts online.

The adoption of the platform demonstrates part of the top court's effort to coordinate epidemic prevention and control with economic and social development.

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