China to blacklist repeat patent infringers
China’s National Intellectual Property Administration ( CNIPA) has rolled out new legislation which blacklists individuals and organisations that severely violate patent-related laws and regulations.
In an announcement on Friday, October 25, CNIPA said the provision will take effect on December 1, just over a year after a memorandum of understanding was signed by more than 30 government departments in November 2018.
Under the new regulation, the names of those blacklisted will be published online, and they will face various punishments.
The ‘Memorandum of Cooperation on Joint Disciplinary Actions Against Seriously Untrustworthy Parties in the Field of Intellectual Property Rights’ is directed at curbing misconduct.
It also outlines up to 38 administrative and economic penalties for IP-related offences, such as temporary suspension from manufacturing and exporting goods, restrictions on advertisements, and purchasing real estate.
The CNIPA said the memorandum will also target misconduct with respect to trade secrets. For example, if a party attempts to patent a stolen trade secret, they may face punishment.
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