The New Swiss-China FTA: What It May Mean for IPR in China

China signed its first FTA with a European country, Switzerland on July 6, 2013.  The FTA is a significant advance in China’s trade diplomacy with the West since China’s FTA with New Zealand (2008).   Although Switzerland is not a member of the EU, its close legal, economic and cultural relationships with the EU and its participation in the European Patent Convention, could have a positive impact on harmonizing Chinese practices with European practices in certain areas.  Based on the still skeletal outline provided by the news release from the Swiss government (the release follows the post and the full text has now been release), the FTA seems to advance several important IP interests of Switzerland.  Continue reading

Chinese Government Liability for Copyright Infringement

An interesting recent series of discussions on Prof. Don Clarke’s China Law List regarding Chinese government liability for civil liability led me to reflect on several instances in conferences in China where I asked about Chinese government liability for patent infringement.  Continue reading

China’s Judiciary Publishes Its Views on Trade Secret Protection

Several prominent Chinese judges recently published a Chinese language book on “The Judicial Protection of Trade Secrets” (商业秘密司法保护实务) (China Legal Publishing House May 2012) (536 pp, 98 RMB).   The book is an important summary, compilation and reprinting of many key documents involving trade secret protection in China.  It was edited by SPC IPR Tribunal Chief Judge Kong Xiangjun 孔祥俊 with the support of several prominent judges including Lang Guimei 郎贵梅(SPC), Song Jian 宋健(Jiangsu High Court), Dai Lei  戴磊  (Shandong High Court), Gu Tao 顾韬 (Jiangsu High Court), and  Wu Xin 吴欣and Wang Chao 王潮 (Shanghai Number 2 Intermediate Court). Continue reading