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!
Categories: ABA Comments, China IPR, NDRC, NDRC IP Abuse
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