Every year, around “ IP Week” (April 26) Chinese officials and organizations of various kinds publish their “top 10” list, typically of best cases, most important developments, or leading officials. Since it’s near the end of summer in the northern hemisphere, with Europe and North America just returning from vacation – it seems like a perfect formula for another top 10 list of most significant, unusual or historical destinations related to China IP and its history . This is a personal list – I welcome hearing back from readers about what their top ten might be. Continue reading
April 26 is International IP day, and in anticipation of the day, Chinese state agencies are announcing plans for intellectual property, releasing statistics, and holding conferences. The activities during this month are key to analyzing the past year’s performance, and to understand those areas where China will be placing a special emphasis for this year. Continue reading
The Federal Circuit Bar has just posted the formal announcement of its Bench and Bar program with the China Law Society, which will be hosted at Renmin University May 28-30, with the the support of the US Court of Appeals for the Federal Circuit, the Supreme People’s Court of China, the US Patent and Trademark Office and the State Intellectual Property Office, amongst others. Continue reading
Judicial engagement with China on IP issues has frequently had a markedly different tenor from other forms of engagement, such as executive branch, business, or academic. Judges carry less political baggage than does executive branch of the government, may be more direct, and can also be more inclined to be more balanced in their approach, as they reflect upon the kinds of controversies they encounter every day in their courtroom. Most important of all, in judicial encounters with China, judges can also tend to highlight the respect that American society has for the judiciary, in their independence granted by the constitutional guarantees in their salary, their freedom from political interference and their ability to make law. Some judges, such as those of Chinese descent, also help in showing how America strives to be a fair and open system. Continue reading
On March 31, 2012 the PRC National Copyright Administration (“NCA”) released for comment the first draft of the proposed amendments to the Copyright law. Comments are due April 30, 2012.
(In Chinese): http://www.ncac.gov.cn/cms/html/309/3502/201203/740608.html. As far as we know the draft is not yet calendared at the State Council, nor at the NPC. However with the passage of the Patent Law in 2008, and the pending Trademark Law revisions at the State Council, and the dramatic increase in copyright litigation as well as social interest in copyright-related issues, copyright amendments also seemed inevitable. This draft likely incorporates comments and suggestions from prior drafts of Renmin University, Chinese Academy of Social Sciences, and Prof. Wu Handong’s faculty in Zhongnan University of Politics and Law, as well as the predecessor efforts of former NCA Commissioner Shen Rengan and others, and the IPR and Internet related provisions of China’s Tort Law (2010).
Update: Rogier Creemers has translated the Draft into English, which is posted on his blog: China Copyright and Media.