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