Attached are the ABA’s comments on the Fifth Draft of SAIC’s Guidelines on IPR and Antimonopoly Law. The guidelines are still largely for internal use, but I am sure the ABA’s thoughtful comments will be useful to both SAIC and other observers of China’s AML and IPR environment. Thanks to Yee Wah Chin and the ABA for all of the hard work!
Trade Secret matters have become a hot bilateral topic, involving some high profile companies, like Sinovel, and engagement at the level of the Secretaries of State and Treasury, in their Strategic and Economic Dialogue. During the past year, we have also had the Tianrui v. USITC case at the Court of Appeals for the Federal Circuit, confirming the application of the US International Trade Commission’s jurisdiction to cases arising in China. Continue reading
Here’s some humbling data drawn from the Annual Judgment Data of the Supreme People’s Court (2011). These data are a reminder that the IP docket is a small part of the overall civil docket in China and that foreign related cases are an especially small component. Here’s how IPR cases compared to non-IPR civil cases (0.8%): Continue reading
A useful powerpoint by Ma Xiaogang, an attorney with the Hylands law firm in Beijing who is particularly knowledgeable in copyright law is found here: http://www.law.berkeley.edu/13961.htm. There are some other useful presentations, such as the ppt of Supreme Peoples Court judge Xia Junli on the forthcoming JI on Internet liability. Continue reading
On September 12 the State Council Standing Committee, chaired by Wen Jiabao, passed a new “Opinion on Concerning How to Improve The Work of Coordinating Administrative and Criminal Enforcement in Striking At IP Infringements and the Manufacture and Sale of Fake and Shoddy Goods” 关于做好打击侵犯知识产权和制售假冒伪劣商品工作中行政执法与刑事司法衔接的意见”. The full text of this Opinion will likely need to await its gazetting in the State Council Gazette. However, there have been plenty of press reports, and it seems possible at this point to construct a rough summary of what we will find in it: Continue reading