False Friends (形似神异): Comparing US and Chinese Administrative Patent Enforcement

The China Patents and Trademarks journal has now made publicly available the article I wrote late last year with former USPTO Director David Kappos and former Chief Judge Randall Rader (ret.)  “Faux Amis: China-US Administrative Enforcement Comparison”, in both  English, and Chinese (形似神异:中美专利行政执法制度对比).  Kevin Lu 吕行 of USPTO also assisted in researching the article.

The article discusses the differences between administrative enforcement of patents in the United States International Trade Commission (Section 337) and by SIPO in China and notes that the comparisons of China’s administrative patent system to the USITC system are misleading, as the two systems are different both qualitatively and quantitatively. 

The opinions in the article are of course strictly the authors’ own.

USPTO EXTERN POSITION OPEN

USPTO has posted a position for an unpaid extern in Chinese intellectual property matters commencing June 6, 2017. The position requires the following skills:

– Knowledge of Chinese language

– Knowledge of Intellectual Property (IP)

– Ability to research US and Chinese cases

– Ability to use Excel and PowerPoint

– Skill in preparing instructional material

The extern will assist staff of the USPTO’s China Team by researching intellectual property issues in China and assisting with organizing meetings and programs. Some instruction on Chinese IP databases may be provided.

Anti-Unfair Competition Law Released for Public Comment

The National People’s Congress released a draft of the Anti-unfair Competition Law for public comment on February 25, 2017.  A draft translation is already available on the China Law Translate website, which has also posted the Chinese original. I previously published a draft with comments of the ABA and George Mason’s Global Antitrust Institute here. The comment period closes March 25, 2017.  The NPC Observer blog is also following developments, including posting the official explanation, which I have also made available here .