The National People’s Congress (NPC) issued a draft revision of the PRC’s Trademark Law for public comment in December, setting a deadline of January 31, 2013, for the receipt of comments. The NPC’s Standing Committee is expected to pursue two or three readings of the draft before enacting it, perhaps as early as mid-2013. The NPC is unlikely to provide further drafts for public comment. Continue reading →
SIPO has just made its proposed draft of revisions to the patent law (fourth amendment?) available on line. With these sets of amendments, China is now in various stages of revising all major IP statutes: the Copyright Law is with NCA in its second draft, the Trademark Law is with the State Council Legislative Affairs Office (SCLAO), and the Antiunfair Competition Law is also in some stage of review by either SAIC or the SCLAO. 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 ongoing trademark dispute between Proview and Apple, which has now reached Apple’s home state of California, continues to draw attention around the world. A court in Pudong, Shanghai refused to grant the injunction against sales of iPads, while Huizhou intermediate court has granted such an injunction. An appeal from the first judicial decision from the Shenzhen Intermediate People’s Court, which was adverse to Apple, to the Higher People’s Court of Guangzhou has just been heard, a ruling at this level is usually final in China. The Chinese central government has, thus far, properly abstained from declaring a position in this dispute and it is too early to tell whether Supreme People’s Court will hear a further appeal.