ABA Comments

ABA Section of International Law Comments on NDRC Questionnaire on IP Abuse Guidelines

The American Bar Association has once again made publicly available its response to the NDRC questionnaire on drafting IP abuse guidelines, attached here.  This is a useful and large bilingual download which contains useful background materials.

Some of my prior recent blogs on this questionnaire include a posting of George Mason University’s comments, and my comments on the questionnaire itself.

Thanks again to the ABA for the transparency of its efforts!

1 reply »

  1. Below is a link to a Chinese language article from October 27 on the drafting process by NDRC on the IP abuse guidelines. The article notes that NDRC has a core drafting team of more than 30 employees, has consulted through questionnaires, including 350 in companies, 45 in law offices, 12 universities, 5 research institutes, as well as international standards organizations and others. The article underscores concerns about developing policies to deal with patent trolls, amongst other issues, including setting up a four part test to determine the abuse of injunctive relief remedies (是否滥用禁令救济) for assertion of a standards essential patent. According to the article, an initial draft of the IP abuse guidelines is completed, a larger scale consultation phase is in the works and completion is expected by June 2016. http://www.cnipr.com/ynzx/201510/t20151027_192768.htm


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