On October 9, 2021, SIPO issued the "Reply on the Application of Provisions Regarding Patent Counterfeiting in the Patent Law and the Suspected False Patent Advertisements in the Advertising Law"
High-tech is an important selling point of many products. Several companies even take patent as a focus on product’s packaging or in advertisements. However, improper labeling may commit patent infringement and/or false publicity. Such situation may encounter the dispute on the application of relevant provisions in the “Patent Law” or the “Advertising Law”, which may further bring the conflict of the two different authorities, the market supervision and management authority or the intellectual property management authority, and the conflict of administrative penalties by the two authorties. In view of this, SIPO and SAMI discussed the aforesaid problem, and on Oct.…