Newsletter
Update & Impact on IP Case Deadlines for China and Hong Kong Due to Coronavirus Problem
ALERT SHEET
To: Clients and Friends of Lee and Li
From: Lee and Li, Attorneys-at-Law
Subject: Update & Impact on IP Case Deadlines for China and Hong Kong Due to Coronavirus Problem
Date: 30 January 2020
Dear Clients:
We are writing to provide you all with an update to the "change of Chinese New Year (Spring Festival) holidays in China" as well as how to handle cases with outstanding deadlines during the new holiday period. Please refer to the following for your reference：
I. Chinese New Year Holidays in China
As stated in our Alert Sheet sent out on 10 January 2020 (please see the Attachment), Chinese New Year (Spring Festival) holidays in China are from 24 January 2020 to 30 January 2020. As originally advised, the China National Intellectual Property Administration ("CNIPA") and Lee and Li-Leaven IPR Agency Ltd. in Beijing ("Leaven" - our IP alliance firm in China) are closed from 24 January 2020 to 30 January 2020 for Chinese New Year holidays and the CNIPA as well as Leaven will be open on 19 January 2020 (Sunday) and 1 February 2020 (Saturday). For a China patent case with an outstanding deadline falling in the period from 24 January 2020 to 30 January 2020, the said deadline can be extended to 31 January 2020. For a patent case with a deadline falling on either 19 January 2020 (Sunday) or 1 February 2020 (Saturday), the said deadline can be extended to 20 January 2020 or 3 February 2020, respectively. In addition, for a trademark case with an outstanding deadline falling in the period from 24 January 2020 to 30 January 2020, the deadline can be extended to 31 January 2020. For a trademark case with a deadline falling on either 19 January 2020 (Sunday) or 1 February 2020 (Saturday), such deadline CANNOT be extended and the applicant must take the necessary action on or before 19 January 2020 (Sunday) or 1 February 2020 (Saturday) respectively.
As you may have noted, the coronavirus has become a very serious concern all across China. As a part of its epidemic prevention and control plan, the State Council of China, on 26 January 2020, announced that the Chinese New Year (Spring Festival) holiday period will be extended to 2 February 2020 (the government agencies and private companies/firms will be back to work on 3 February 2020). In compliance with the above-mentioned State Council announcement, the CNIPA, on 28 January 2020, announced the following which applies to patent, trademark, and IC layout registration cases handled by the CNIPA:
1. For a patent, trademark, or IC layout registration case with a deadline falling during the New Year (Spring Festival) holiday period, the deadline can be extended to the first working day after the holiday period.
2. Where a deadline is missed due to coronavirus reason(s) , the applicant can apply for reinstatement in accordance with the Patent Law, Trademark Law or IC Layout Registration Law respectively.
Although the CNIPA's 28 January 2020 announcement did not specify the newly announced New Year (Spring Festival) holiday dates (i.e., from 24 January 2020 through 2 February 2020), it is understood that the CNIPA will follow the new holiday schedule to deal with deadlines falling during the new holiday period. That is, for a patent, trademark, or IC layout registration case with a deadline falling in the period from 24 January 2020 through 2 February 2020, the said deadline can be extended to 3 February 2020.
Given the above, we do not expect CNIPA officers and examiners as well as Leaven colleagues to return to work until 3 February 2020. Therefore, for patent and trademark cases with deadlines during the new holiday period (from 24 January 2020 through 2 February 2020), we will follow the CNIPA announcement and docket the new deadlines as 3 February 2020 at our end. We will take all necessary actions on 3 February 2020 to keep these cases alive. Also due to current logistical difficulties in China (such as exit/entrance and other restrictions), we expect that some Leaven colleagues will have difficulty returning to work by 3 February 2020. Therefore, for some patent and trademark cases with deadlines during or after the new holiday period, we may require deadline extensions if needed. During this challenging time, we may not be able to handle all matters as promptly as normal, and we do hope that our clients can understand the situation and bear with us.
We are currently following up this matter with Leaven and closely monitoring the developments of the coronavirus situation. As new developments arise regarding China's patent and trademark practice, we will keep our clients informed in a timely manner.
II. Chinese New Year Holidays in Hong Kong
As stated in our Alert Sheet sent out on 10 January 2020 (please see the Attachment), the Chinese New Year (Spring Festival) holidays in Hong Kong are from 24 January 2020 to 28 January 2020. For a Hong Kong patent or trademark case with an outstanding deadline falling in the period from 24 January 2020 to 28 January 2020, the deadline can be extended to 29 January 2020.
On 28 January 2020, the Intellectual Property Department (IPD) of Hong Kong announced that the IPD will provide limited services as of 29 January 2020. Also, the IPD announced on 28 January 2020 that for a patent or trademark case with a deadline falling in the period from 29 January 2020 through 31 January 2020, the deadline can be extended to 3 February 2020.
III. Chinese New Year Holidays in Taiwan
As you may note from our Alert Sheet sent out on 10 January 2020 (please see the Attachment), the Taiwan Intellectual Property Office (TIPO) and our firm (Lee and Li in Taiwan) were closed from 23 January 2020 through 29 January 2020 for Chinese New Year holidays. In addition, the TIPO and our firm will be open on 15 February 2020 (a Saturday working day). We are back to work today (30 January 2020).
For a patent or trademark case with an outstanding deadline falling in the period from 23 January 2020 to 29 January 2020, the deadline can be extended to 30 January 2020. Also, if the deadline of a patent or a trademark case falls on 15 February 2020 (Saturday), such deadline CANNOT be extended and the applicant must take the necessary action on or before 15 February 2020.
If you have any questions, please do not hesitate to contact us.
