2024.7.1 from! These new regulations on intellectual property rights at home and abroad were formally implemented

2024-07-01
Domestic
1. Starting from July 1st! Implementation of the Measures for Pre examination and Registration of Enterprises and Institutions and Agency Pre examination and Registration of Shanxi Provincial Intellectual Property Protection Center

In order to further standardize the preliminary examination and filing of enterprises and institutions in Shanxi Intellectual Property Protection Center (hereinafter referred to as "Shanxi Protection Center"), better serve the innovative subjects involved in the new energy industry and modern equipment manufacturing industry in Shanxi Province, and ensure that the limited preliminary examination resources are used for innovative subjects with innovation ability and innovation demand, according to the relevant requirements of the Regulations on Regulating Patent Application (2023) (Order No. 77) of the China National Intellectual Property Administration, the Administrative Measures for the Preliminary Examination of Patent Applications (for Trial Implementation) (Guo Zhi Ban Fa Ban Zi [2023] No. 25), and the Administrative Measures for the Preliminary Examination Service of Filing Subject and Agency of Shanxi Intellectual Property Protection Center (Revised), Shanxi Protection Center has carried out preliminary examination and filing of enterprises and institutions before this. the relevant notice of, The Measures for Pre approval Filing of Enterprises and Institutions and Pre approval Registration of Agency Agencies have been formulated and are hereby announced, and will be implemented from July 1, 2024.


2. Starting from July 1st! Implementation of the Sichuan Provincial Regulations on the Promotion and Protection of Intellectual Property Rights

Protecting intellectual property is protecting innovation. The Sichuan Provincial Regulations on the Promotion and Protection of Intellectual Property Rights will come into effect on July 1st. The regulations have made specific provisions on the promotion and application of intellectual property rights, administrative and judicial protection, social governance, management and services, etc., providing legal guarantees for stimulating innovation vitality, developing new productive forces, and promoting the construction of a strong province with intellectual property rights.


3. Starting from July 1st! The Hefei Intellectual Property Protection and Promotion Regulations have been officially implemented

It was learned from a press conference held in Hefei that the "Hefei Intellectual Property Protection and Promotion Regulations" (hereinafter referred to as the "Regulations") have been reviewed and approved by the Standing Committee of the Anhui Provincial People's Congress and will come into effect on July 1, 2024. It is reported that this is the first local regulation on intellectual property protection and promotion in Anhui Province.


4. Starting from July 15th! Implementation of the Simplified Procedure Regulations for Intellectual Property Administrative Adjudication in Zhejiang Province (Trial)

In order to implement the Zhejiang Province Regulations on the Protection and Promotion of Intellectual Property Rights, further standardize the simplified procedures for administrative rulings on intellectual property rights, improve the efficiency of administrative rulings, and safeguard the legitimate rights and interests of rights holders and the public, the Provincial Administration for Market Regulation has formulated the Zhejiang Province Regulations on the Simplified Procedures for Administrative rulings on Intellectual Property Rights (Trial), which will come into effect on July 15, 2024.


5. Starting from July 1st! Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Monopoly Civil Disputes

The "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Monopoly Civil Dispute Cases" was adopted by the 1915th meeting of the Judicial Committee of the Supreme People's Court on February 4, 2024, and will come into effect on July 1, 2024


6. Starting from July 1st! Implementation of the New Company Law

On December 29, 2023, the 7th meeting of the Standing Committee of the 14th National People's Congress passed the second revision of the Company Law, which will come into effect on July 1, 2024. According to the new Company Law, if a company does not wish to reduce its capital or affect its cash flow, and its shareholders hold intellectual property that meets the capital contribution requirements, they may consider using intellectual property contributions to make up for the capital contribution and fulfill their capital contribution obligations. There may be detailed requirements for intellectual property investment in different regions.


7. Starting from July 1st! Implementation of Chongqing Small and Medium sized Enterprise Promotion Regulations

The Regulations on the Promotion of Small and Medium sized Enterprises in Chongqing (hereinafter referred to as the Regulations) were passed at the 7th meeting of the Standing Committee of the 6th People's Congress of Chongqing and officially came into effect on July 1st of this year. In terms of addressing issues related to the protection of rights and interests, the Regulations have established a special chapter on "Rights and Interests Protection" for small and medium-sized enterprises, and formulated provisions on rights and interests protection, intellectual property protection, complaints and rights protection. It is proposed that "small and medium-sized enterprises can file complaints and reports to relevant departments of the municipal and district (autonomous county) people's governments through channels such as government service hotlines and government service platforms regarding administrative actions that infringe on their legitimate rights and interests.".


Abroad
1. Starting from July 1st! Annual patent fee increase in Portugal

The Portuguese Industrial Property Office will increase the annual fee for invention, utility model, and design patents from July 1, 2024.


2. The newly revised Practice Rules of the Patent Trial and Appeal Board (PTAB) will take effect on July 12th!

The United States Patent and Trademark Office (USPTO) announced a final rule on June 12, which will revise the practice rules of the Patent Trial and Appeals Board (PTAB), standardize existing Standard Operating Procedures (SOP4), manage the circulation and internal review of PTAB rulings.


In October 2023, USPTO issued a proposed rulemaking notice (NPRM) aimed at promoting consistent, clear, and open decision-making processes while protecting judicial independence and increasing transparency in USPTO procedures. The final rule will take effect on July 12, 2024.


Source: IPRdaily Chinese website (iprdaily. cn)
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