ABA’s Comments on Fifth Draft of SAIC IPR Guidelines

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!

What the Data Says About Trade Secret Litigation in China

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

What Has Been the Impact of the Trademark Law on Trademark Litigation

Since China’s WTO accession, trademark litigation has boomed along with nearly other IPR-related statistics.  From 2002 to 2011, all levels of court accept the trademark civil disputes over 45,706 cases, with an average annual growth rate reached 39.8%.  Litigation involving trademark validity at the Beijing No. 1 Intermediate Court grew even quicker from 2007 to 2011, to 5383 cases, and the annual average growth rate reached 57.2%.  Trademark criminal cases numbered 8194 during this period, with an average annual growth rate of 27.9%.    In sum, administrative validity cases have grown the quickest by far – due in part to the rapid growth in TM filings.  Administrative cases were  followed by civil cases and then criminal cases, and all of them showed double digit growth.  (Source: www.bipi.org).

Foreign IP Litigation in China: How Important Is It?

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

Judicial Trends in Beijing … and Countercyclical Trends

The Beijing Intellectual Property Institute, which is run by former Judge Cheng Yongshun (www.bipi.org)  reports the following data on the Beijing IP litigation for the first half of 2012: Continue reading

Third Draft of the Copyright Law Amendments Undergoing Internal Review

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

New State Council Opinion on Improving Administrative/Criminal IPR Enforcement Coordination

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