Last week, we had a group of Chinese IP officials visiting Fordham – from Chinese Customs, a local Administration for Industry and Commerce and the Supreme People’s Procuratorate – it was a perfect combination of officials to ask about the Apple / Proview case from the perspective of different Chinese government agencies, other than the courts. Continue reading
“Case Filing” In China’s Courts and Their Impact on IP Cases
In my experience over the past decade and talking to local IP courts in China, the IPR judges have for the most part been very forthcoming, knowledgeable and engaging. However, their colleagues in the Case Filing Division (立案庭) (“CFD”) have operated in a much more opaque way, typically not willing to meet at all, despite their playing a critical role in certain WTO / TRIPS obligations of China, such as granting/denying preliminary injunctions, preliminary evidence or asset preservation measures (“provisional measures”)(TRIPS Art. 50). The CFD of a court is more than a court clerk or docketing officer, the CFD actually operates to accept or deny cases, typically without handing down written decisions of any kind. Continue reading
The cloud of mystery surrounding Bo Xilai and his former deputy, police chief Wang Lijun continues to loom over the Chinese and western press, with many unresolved questions concerning the circumstances of Wang’s appearance before the US consulate, and the current circumstances of Bo himself. Not many would have expected any discussion of intellectual property to enter the picture. However, Bo himself did have some engagement on IP issues. He was known during his time as Minister of Commerce for taking a strong negotiating position against US pressure on IP matters. In addition, his agency did serve as a point of contact and organizing ministry for a national IPR campaign. When I served in the US Embassy, I had lunch with Bo once, during an Ambassador’s IPR Roundtable, where he showed very little interest in the issue. His speech is briefly described in a Wikileaks cable. Continue reading
Every year, at the time of the National Peoples Congress, the Supreme People’s Court and Supreme People’s Procuratorate report on IP developments. Usually, the data is sketchy and must wait until the end of April, during IPR week (around April 26). Here’s what we know so far: According to the speech given by ShengJun Wang, the president of the SPC, in 2011, the courts at all level concluded a total of 66,000 cases of first instance Intellectual property, which grew by 37.7% over the same period of last year.
As the mainstream media in the United States continue to pick up on the few ongoing trademark disputes in China, the attention to foreign companies’ trademark troubles build. In an effort to have a constructive overview, the AP collected comments from a number of experts, including Professor Cohen. The article was published today and has been distributed by a number of outlets. We hope that there will be more productive and objective coverage like this.
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.