China
CNIPA released the announcement of Interim Measures for Handling Relevant Examination Operations for the Implementation of the Amended Patent Law
In order to ensure the implementation of the newly amended Patent Law and respond to the urgent examination needs of innovators for review of partial designs and domestic priority of designs, the China National Intellectual Property Administration (CNIPA) issued the announcement of Interim Measures for Handling Relevant Examination Operations for the Implementation of the Amended Patent Law on 4 January 2023. The Interim Measures took effect on 11 January 2023.
The Interim Measures more clearly define the following: how to apply for a partial design patent and the materials required, how to request domestic priority of a design patent and how to file a request for compensation for the duration of the patent right.
Click the link for the full text of the Interim Measures (Chinese only).
SPC calls for punitive compensation for intellectual property infringement to be strictly implemented
In the Opinions on Providing Judicial Services and Protection for Promoting Consumption of 27 December 2022, the Supreme People's Court (SPC) stated that the punitive compensation system for intellectual property infringement should be strictly implemented to curb intellectual property infringement, promote the output and application of scientific and technological innovation achievements (through strengthened judicial protection), and build a strong science and technology-based nation.
The Opinions also proposed rectifying sham litigation, litigation in bad faith, abuse of litigation rights and other dishonest litigation in the field of intellectual property in accordance with the law, and actively create a rule of law environment for the majority of market players in technology research and development and scientific and technological innovation. The judicial protection of key core technologies and original innovation achievements of relevant small and medium-size enterprises should be increased, and market players should be supported and guided to enhance their core competitiveness through technological progress and scientific and technological innovation. The Opinions clarify that copyright protection for cultural and creative products should be strengthened, and the creation of cultural and creative products should be encouraged.
Click the link for the full text of the Opinions (Chinese only).
CNIPA and CNHSA releases Opinions on Strengthening the Protection of Intellectual Property Rights in the Field of Centralised Procurement of Medicines
In December 2022, the China National Intellectual Property Administration (CNIPA) and the China National Health Security Administration (CNHSA), based on the intellectual property system and the medical security system, jointly developed the Opinions on Strengthening the Protection of Intellectual Property Rights in the Field of Centralised Procurement of Medicines to do the following: improve the intellectual property protection mechanism in the centralised procurement of pharmaceutical products, build a coordinated and unified information-sharing mechanism, prevent infringement from the source, encourage innovative development in the field of medicine and strengthen the protection of intellectual property in the field of centralised procurement of medicine.
In the Opinions, the CNIPA and CNHSA have instructed intellectual property offices and health security offices in all districts to establish a coordination system, which includes specifying liaison agencies and strengthening information sharing, etc. The local health security offices will also guide centralised medicine procurement institutions to establish and improve the enterprise independent commitment system and strengthen the prevention of infringement.
Click the link for the full text of the Opinions (Chinese only).
Nice Classification, 12th Edition, 2023 Version officially launched
In December 2022, the Trade Mark Office of the China National Intellectual Property Administration (CNIPA) issued a notice on the launch of the Nice Classification, 12th Edition, 2023 Version. According to the requirements of the World Intellectual Property Organisation, the member countries of the Nice Union will officially use the text of the International Classification of Goods and Services for the Purposes of the Registration of Marks (i.e. Nice Classification), 12th edition, from 1 January 2023. The new version of the Nice Classification will apply to applications for registration of trade marks with an application date on or after 1 January 2023 when classifying items of goods and services. The original version of the Nice Classification will apply to applications for registration of trade marks with an application date prior to that date.
Beijing issues Guidelines for the Protection of Intellectual Property Rights in Cross-border E-commerce (for Trial Implementation)
In order to strengthen the protection of intellectual property rights in cross-border e-commerce, the Beijing Intellectual Property Office instructed the Beijing Trade Mark Association to formulate the Guidelines for the Protection of Intellectual Property Rights in Cross-border E-Commerce (for Trial Implementation), which were released in December 2022. These Guidelines includes four parts (General Provisions, Operators within Platforms, Cross-border E-Commerce Platform Operators and By-laws) that aim to clarify the rules of intellectual property protection for cross-border e-commerce, guide relevant enterprises to establish and improve overall intellectual property protection mechanisms and enhance intellectual property protection capabilities, especially the ability to respond to overseas litigation.
The Guidelines stipulate that operators in the platform should pay attention to the protection of intellectual property rights in the areas of export filing, monitoring of infringement risks and clues, and preservation of evidence when engaging in import and export. In addition, cross-border e-commerce platform operators should establish and improve intellectual property rights protection mechanisms covering risk prevention, complaint handling, data management, etc.
Click the link for the full text of the Guidelines (Chinese only).
Hong Kong
Hong Kong applicants can request priority in examination of patent applications
To further implement the PRC's decision to promote the construction of the Guangdong-Hong Kong-Macao Greater Bay Area and to support HKSAR residents in protecting intellectual property rights in the Mainland more conveniently and effectively, the China National Intellectual Property Administration (CNIPA) has launched a pilot programme whereby effective 1 January 2023, Hong Kong applicants (permanent residents of HKSAR, companies incorporated under the Companies Ordinance of HKSAR and other HKSAR legal entities or organisations) filing invention patent applications in the Mainland meeting the relevant criteria can request prioritised examination of their applications by the CNIPA.
Click the link for the full text of the publication (Chinese only).
Hong Kong Copyright (Amendment) Ordinance 2022 gazetted
The Copyright (Amendment) Ordinance 2022 (the Amendment Ordinance) updating Hong Kong's copyright regime to strengthen copyright protection in the digital environment was gazetted on 16 December 2022. The Amendment Ordinance will strengthen Hong Kong's IP protection regime and ensure that it keeps abreast with the times and current international norms, encourages creativity and technological development, and meets local social and economic development needs.
The Amendment Ordinance does the following:
1. introduces an exclusive technology-neutral communication right for copyright owners in step with the current technology environment;
2. introduces criminal sanctions against infringing activities relating to the new communication right;
3. revises and expands the scope of copyright exceptions, which is expected to facilitate online learning and operations in libraries, museums and archives; allows media shifting of sound recordings and the use of copyright works in certain common activities on the internet, etc.;
4. introduces "safe harbour" provisions for online service providers, offering them reasonable protection while combating online piracy in order to provide incentives for these providers to co-operate with copyright owners; and
5. introduces two additional statutory factors in civil cases related to copyright infringements that courts can consider when assessing whether to award additional damages to copyright owners.
Click the link for the full text of the Press Release.
Hong Kong adopts Nice Classification
The Hong Kong Trade Marks Registry (TMR) adopted the Nice Classification, 12th Edition, 2023 Version on 1 January 2023. The 2023 version of the 12th edition of the Nice Classification, which is designated as NCL(12-2023), was adopted to classify goods and services under the Trade Marks Ordinance (Cap. 559). Some revisions made by the 12th Edition will affect the TMR’s cross-search list and reclassify goods and services of trade mark registration in accordance with the 12th Edition. As a result, the chapters on Classification and Cross Search List have been revised.
Click the link for more information.
HKIPD revamps websites
The Hong Kong Intellectual Property Department (HKIPD) has launched its revamped websites to assist the public in obtaining information on IP matters. The sites have been redesigned with simplified layout and a clear structure (including responsive web design), which will enable automatic scaling of the interface according to the user’s device, and will provide users with an optimal browsing experience.
Click the link for more information.
Hong Kong organises Intellectual Property Trade Expo and International Geographical Indications Products Trade Expo
In early January 2023, the Hong Kong Intellectual Property Department (HKIPD) together with Guangdong Intellectual Property Administration, the People’s Government of Guangzhou Municipality and the Economic and Technological Development Bureau of the Government of the Macao SAR organised the 5th Guangdong-Hong Kong-Macau Greater Bay Area Intellectual Property Trade Expo. With the theme “Building an Intellectual Property Rights Power and a New Development Pattern”, the event was composed of the intellectual property trading exposition and various Greater Bay Area forums and activities covering a variety of topics. The expositions appear to be further evidence of the PRC's policy to support the development of a regional intellectual property trade centre in Hong Kong.
Check the link for more information.
India
India to consider amendments to trade mark and geographical indication laws
The Indian parliament is considering amendments to India’s trade mark and geographical indication laws, which will be introduced through the Trade Marks (Amendment) Bill 2022 and the Geographical Indications of Goods (Registration and Protection) (Amendment) Bill 2022.
The Trade Marks (Amendment) Bill 2022 will likely contain changes relating to international registration of trade marks under the Madrid Protocol, procedures for show-cause and opposition hearings of trade marks, and electronic communication from the trade mark office. The Geographical Indications of Goods (Registration and Protection) (Amendment) Bill 2022 is expected to simplify procedures and processes for the protection of geographical indications and improve accessibility for stakeholders.
India and other developing nations push for expanded IP waiver to cover COVID-19 diagnostics and therapeutics
On 17 June 2022, World Trade Organisation (WTO) members agreed on a limited waiver of intellectual property rights for COVID-19 vaccines with the understanding that they will consider expanding the scope of the waiver to cover COVID-19 diagnostics and therapeutics at a later date. Due to the pulbic health emergency, the waiver currently allows WTO developing nations to produce COVID-19 vaccines without obtaining licences from the patent rights holders for a period of five years. Several developing nations, including India, South Africa and Indonesia, are pushing to extend the waiver to the production and supply of COVID-19 diagnostics and therapeutics.
While WTO members were to decide on the expansion of the scope of the waiver by 17 December 2022, the WTO TRIPS Council has since recommended to the WTO General Council to extend this deadline.
Indonesia
Regulation enabling creative businesses to use intellectual property assets as collateral to take effect in July 2023
Indonesia has issued regulation GR 24/2022, which permits players in the creative industry (including architecture, game development, music, product design, television and radio) to use their intellectual property assets as collateral to obtain financing. GR 24/2022 is expected to come into force in July 2023.
When applying for intellectual property financing, the applicant must (a) provide a proposal for financing; (b) operate a business in one of the 17 creative economy sub-sectors stated in GR24/2022; (c) have an arrangement related to the intellectual property asset to be pledged as security; and (d) provide proof of the relevant intellectual property certificate. Financial institutions that provide financing will need to verify the applicant’s intellectual property certificates and perform a valuation of the intellectual property used as collateral before distributing the funds.
Singapore
Public consultation on draft regulations for collective management organisations
The Ministry of Law and the Intellectual Property Office of Singapore recently sought feedback on the draft Copyright (Collective Management Organisations) Regulations 2023 through a public consultation, which ended on 4 January 2023. The draft Regulations are intended to contain the licensing conditions that collective management organisations (CMOs) must comply with under mandatory class licensing, as set out in Part 9 of the Copyright Act 2021 and procedures relating to the regulation of CMOs. The mandatory class licensing scheme for CMOs under Part 9 of the Copyright Act 2021 has not yet been brought into force.
Under the draft Regulations, the licensing conditions for CMOs relate to: (a) rights of the CMO members; (b) collection and distribution of royalties; (c) dispute resolution; (d) governance of CMOs; and (e) provision of information to the public. The draft Regulations also set out procedures for regulatory actions against CMOs and their officers, including procedures for making representations, applying for reconsiderations, and appealing against regulatory actions.
Click here to view the draft Copyright (Collective Management Organisations) Regulations 2023.
Public consultation launched on intangibles disclosure framework
The Accounting and Corporate Regulatory Authority (ACRA) and the Intellectual Property Office of Singapore (IPOS) have launched a public consultation for an Intangibles Disclosure Framework, which is a framework to assist businesses in disclosing and communicating their intangible assets (e.g. technologies, brands, data, trade secrets and other intellectual property) for the purpose of commercialising such intangibles. The public consultation exercise will run from 14 December 2022 to 28 February 2023.
The key objectives underlying the Intangibles Disclosure Framework are to facilitate informed assessments of businesses and their financial prospects by providing stakeholders with standardised information about a business’s intangibles, which may in turn bolster financing opportunities for businesses.
The proposed Intangibles Disclosure Framework outlines the key principles and recommended disclosures that a business should consider when providing information about its intangibles, which broadly fall within these four areas:
- Strategy – how intangibles are relevant to and used in an enterprise’s overall strategy;
- Identification – how an enterprise should describe the nature and characteristics of their intangibles;
- Measurement – how an enterprise should disclose performance metrics and drivers of their intangibles; and
- Management – how an enterprise should disclose the manner by which it identifies, assesses, and manages the risks and opportunities related to its intangibles.
Click here to view the proposed Intangibles Disclosure Framework.
Final phase of Intellectual Property Border Act comes into force
The Intellectual Property (Border Enforcement) Act 2018 (IPBE Act) was enacted in 2018 to amend the key intellectual property statutes in Singapore, enhance border enforcement measures and fufil Singapore’s obligations under the EU-Singapore Free Trade Agreement. The amendments set out in the IPBE Act have been implemented in three phases. In the first phase, amendments to the Trade Marks Act and Copyright Act came into effect on 10 October 2018 to enable Singapore Customs to obtain and provide information relating to seized goods. In the second phase, enhanced border enforcement measures under the Trade Marks Act and Copyright Act came into operation on 21 November 2019.
The amendments for the third and final phase, which came into effect on 21 November 2022, introduced enhanced border enforcement measures for geographical indications and registered designs. In addition, the following new border measures-related subsidiary legislation also came into effect on 21 November 2022: (a) Geographical Indications (Border Enforcement Measures) Rules 2022; (b) Geographical Indications (Border Enforcement Measures Fees) Rules 2022; (c) Registered Designs (Border Enforcement Measures) Rules 2022; and (d) Registered Designs (Border Enforcement Measures Fees) Rules 2022.
Click here to view the Intellectual Property (Border Enforcement) Act 2018.
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