Lee and Li Newsletter：National Holidays in Taiwan, Mainland China and Hong Kong

09/15/2020

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We are writing to inform you of the National Holidays in Taiwan, Mainland China and Hong Kong as follows:

 

I.            National Holidays in Taiwan

 

The Taiwan Intellectual Property Office (TIPO) will be closed on the following days:

 

1.           From 1 October 2020 to 4 October 2020 for the Moon Festival Holidays, but the TIPO will be open on 26 September 2020 (Saturday); and

 

2.           From 9 October 2020 to 11 October 2020 for National Day Holidays.

 

According to Article 48(4) of the Law Governing Administrative Procedures, for a case with an outstanding deadline falling on an official holiday, such a deadline can be extended to the first working day after the official holiday. Given the above, for any of your Taiwanese patent cases or trademark cases with an outstanding deadline falling in the period from 1 October 2020 to 4 October 2020, such a deadline can be extended to 5 October 2020. However, if the deadline of a Taiwanese patent case or a trademark case falls on 26 September 2020 (Saturday), such deadline cannot be extended and the applicant must take the necessary action on or before 26 September 2020.  For any of your Taiwanese patent cases or trademark cases with an outstanding deadline falling in the period from 9 October 2020 to 11 October 2020, such a deadline can be extended to 12 October 2020.

 

II.          National Holidays in China

 

The China National Intellectual Property Administration ("CNIPA") will be closed from 1 October 2020 to 8 October 2020 for National Day Holidays. But, the CNIPA will be open on 27 September 2020 (Sunday) and 10 October 2020 (Saturday).

 

According to Patent Examination Guidelines, for a patent case with an outstanding deadline falling on an official holiday or a weekend working day, the deadline can be extended to the first working day subsequent to the official holiday or working weekend. Given the above, for a China patent case with an outstanding deadline falling in the period from 1 October 2020 to 8 October 2020, the said deadline can be extended to 9 October 2020. For a patent case with a deadline falling on 27 September 2020 (Sunday) or 10 October 2020 (Saturday), the said deadline can be extended to 28 September 2020 or 12 October 2020, respectively.

 

According to Implementing Regulations of the China Trademark Law, for a trademark case with an outstanding deadline falling on an official holiday, the deadline can be extended to the first work day subsequent to the official holiday. Given the above, for a China trademark case with an outstanding deadline falling in the time period from 1 October 2020 to 8 October 2020, the said deadline can be extended to 9 October 2020.  However, for a China trademark case with a deadline falling on 27 September 2020 (Sunday) or 10 October 2020 (Saturday), such deadlines cannot be extended and the applicant must take the necessary action before 27 September 2020 (Sunday) or 10 October 2020 (Saturday), respectively.

 

III.       National Holiday in Hong Kong

 

The Intellectual Property Department of Hong Kong will be closed on the following days:

 

1.           On 1 October 2020 for National Day Holiday;

 

2.           On 2 October 2020 for the day following the Moon Festival Holiday; and

 

3.           On 26 October 2020 for the day following Chung Yeung Festival Holiday

 

For any of your Hong Kong patent cases or trademark cases with a deadline falling within these days, the said deadline can be extended to the first working day subsequent to the official holiday.

 

If you have any questions, please do not hesitate to contact us.

Sincerely yours,