1.China’s new intellectual property regulations

1.1 China’s New Intellectual Property Regulations: Law on Keeping State Secrets

The newly revised “Law on the Protection of State Secrets” will come into effect on May 1, 2024.

This revision reflects the emphasis on confidentiality scientific and technological innovation and technological protection. In the general principles, it is clarified that the state encourages and supports the research and application of confidential science and technology, enhances independent innovation capabilities, and protects intellectual property rights in the field of confidentiality in accordance with the law.

This revision also clarifies that confidential information systems should be planned, constructed, operated, and maintained in accordance with national confidentiality regulations and standards, and should be inspected and put into use according to regulations, and risk assessments should be carried out regularly.

1.2 China’s New Intellectual Property Regulations: Drug Registration Administrative Licensing Documents to be Electronicized

In order to further optimize the business environment, stimulate the development vitality of market entities, and provide enterprises with more efficient and convenient government services, after research and decision, the State Food and Drug Administration will issue national drug standards and drug registrations starting from May 1, 2024. Drug registration administrative licensing documents such as application termination notices and reference drug one-time import approval opinions will be made electronic. Electronic drug registration administrative licensing documents have the same legal effect as paper documents.

1.3 Implementation Measures for the Place Name Management Regulations, effective from May 1, 2024

The “Measures” in the new intellectual property regulations include a total of 26 articles, which will be implemented from May 1, 2024.

The “Measures” refine and supplement the “Regulations on the Management of Geographical Names”, highlight the pertinence, applicability and operability, and provide institutional guarantees for further improving the level of geographical name management services.

The main contents include: name change of place names, use of place names, protection and supervision of place name culture.

Regarding the naming and renaming of place names, the “Measures” stipulates the preparation content, organization, implementation and change procedures of place name plans, and clarifies special regulations that do not use personal names, business names, and trademark names as place names.

Regarding the cultural protection of geographical names, the “Measures” improve the system of geographical names protection list, refine the categories, contents, publication and other requirements of the geographical names protection list, and stipulate that the geographical names included in the protection list can adopt the methods of establishing signs, deriving names, revitalizing and using, and producing Protect and utilize cultural products and carry out publicity activities.

1.4 Fair competition review rules in the field of tendering and bidding

The “Fair Competition Review Rules in the Bidding and Bidding Fields” in the new intellectual property regulations will be implemented from May 1, 2024.

The term “fair competition review” as mentioned in these rules refers to the review by administrative agencies and organizations with the function of managing public affairs authorized by laws and regulations on the regulations, administrative normative documents, and other policy documents involving the economic activities of business entities in the bidding field to be formulated, as well as Review and evaluate whether specific policy measures eliminate or restrict competition.

The rules specify review standards, review mechanisms, and supervision and management.

1.5 “Guidelines for Evaluation of Science and Technology Innovation Attributes (Trial)”

The new regulations issued by the China Securities Regulatory Commission will be effective from April 30, 2024, and put forward higher requirements for the R&D investment, number of invention patents and compound growth rate of operating income of companies planning to be listed on the Science and Technology Innovation Board, in order to guide intermediaries to increase their declaration Enterprise quality.

1.6 China and Bahrain Patent Prosecution Highway (PPH) pilot will launch on May 1, 2024

According to the “Memorandum of Understanding between the China State Intellectual Property Office and the Bahrain Ministry of Industry and Commerce on the Patent Prosecution Highway Project”, the China and Bahrain Patent Prosecution Highway (PPH) pilot project will be officially launched on May 1, 2024 for a period of five years. Ends on April 30, 2029.

1.7 Implementation of the “Henan Province Specialized and New Enterprise Cultivation Support Measures (Trial)”

Recently, the “Henan Province Specialized and New Enterprise Cultivation Support Measures (Trial)” (hereinafter referred to as the “Measures”) will come into effect on May 1, 2024.

The “Measures” clarify that it is necessary to encourage and support specialized and new enterprises to improve their intellectual property capabilities in terms of intellectual property pledge financing, intellectual property insurance, rapid intellectual property protection, full-process intellectual property services, and intellectual property rewards and incentives.

1.8 Implementation of the “Xiamen Arbitration Commission Intellectual Property Dispute Arbitration Rules”

The “Xiamen Arbitration Commission Arbitration Rules for Intellectual Property Disputes” were adopted at the third committee meeting of the Seventh Xiamen Arbitration Commission on March 6, 2024, and are hereby announced and will come into effect on May 1, 2024.

1.9 The newly revised “Shandong Province Science and Technology Progress Regulations” will come into effect in May

The “Shandong Province Science and Technology Progress Regulations” (hereinafter referred to as the “Regulations”) were adopted by the 8th meeting of the Standing Committee of the 14th Provincial People’s Congress on March 27, 2024, and will come into effect on May 1, 2024.

The “Regulations” are of great significance for further regulating the province’s scientific and technological progress and innovation behavior, improving the scientific and technological progress and innovation systems and mechanisms, and accelerating the construction of a strong socialist modernization province in the new era.

1.10 Implementation of the “Business Secret Protection and Management Regulations” in Zhangjiagang City, Suzhou, Jiangsu Province

On April 18, 2024, the T/ZJGSZSH 001-2024 group standard “Business Secret Protection Management Regulations” of Zhangjiagang City, Suzhou, Jiangsu Province was officially released and will be implemented on May 1, 2024.

1.11 “Hainan Province Data Intellectual Property Registration and Management Measures (Trial)”

The “Measures” have a total of 5 chapters and 22 articles, clearly specifying the content, procedures, management, and supervision of data intellectual property registration within the administrative jurisdiction of Hainan Province. The aim is to standardize the behavior of data intellectual property registration, safeguard the legitimate rights and interests of market entities of data elements, promote the efficient production, circulation, and utilization of data elements, and support the high-quality development of the digital economy.

The “Measures” point out that the registration of data intellectual property rights is to register a collection of data with practical value that is obtained in accordance with the law and processed through certain rules, thereby conferring rights and interests on the data processor.

Data intellectual property registration should follow the laws of data development, grasp the basic attributes of data elements, and follow the principles of legal compliance, voluntary registration, safety and efficiency, promotion of circulation, openness and transparency, and honesty and credit to ensure that national security, business secrets, and personal privacy are not violated .

The “Measures” will be implemented on a trial basis from May 1, 2024, for a three-year trial period.

2.New intellectual property regulations in other countries

2.1 South Korea’s new intellectual property regulations: the trademark letter of consent system officially comes into effect!

The high-profile amendment to South Korea’s Trademark Law will take effect on May 1, 2024.

The most noteworthy aspect of this amendment is the introduction of a trademark letter of consent system.

The letter of consent system will apply to trademarks that are under review and have not been rejected before May 1, 2024.

If you receive a rejection notice on the grounds that it is similar to an earlier trademark before May 2024, you should consider filing an appeal with the Korean Patent Trial Court, because if you can obtain a letter of consent from the owner of the earlier trademark, you can appeal to the patent The trial court submitted a letter of consent to eliminate the grounds for rejection due to similarity to the prior trademark.

2.2 Libya’s new intellectual property regulations: New trademark rules implemented!

On February 14, 2024, Libya will implement new trademark implementation rules, which will officially take effect on May 1, 2024.

The following detailed provisions are made for the trademark registration application procedures:

(1) The power of attorney for trademark registration application is valid for one year from the date of signature.

(2) All trademark registration application documents submitted by foreign applicants must be notarized and certified.

(3) If the applicant is a company, you must submit an excerpt of the company’s entry in the commercial register, or a company registration certificate/any document proving the legal existence of the applying company, and provide an Arabic translation. The submission time is no later than the date of trademark registration application. Within 1 year from then.

(4) Applications for trademark transfer and other post-registration filings, renewals, etc. must be accompanied by the originals of the required documents and their Arabic translations.

Click to view the original Chinese text：https://mp.weixin.qq.com/s/86wupuc7_CwkhkZREhkNqQ

About us：https://bulu-ip.com