China IPR

The New Civil Code and the Metal Ox

China’s new Civil Code has come into effect January 1, 2021, after many years of drafting and debate.  As I have previously blogged, the Civil Code should have a strong impact on areas of Chinese law that are less codified in separate legislation, including those involving personality and naming rights (such as were implicated in the Qiaodan/Jordan dispute), as well as in technology contracts.   

Susan Finder’s Supreme People’s Court Monitor continues to provide useful updates on the work of the SPC in implementing the new Civil Code provisions, including by new judicial interpretations and guiding cases.  Danny Friedmann’s IP Dragon blog has also listed the 18 IP-related judicial interpretations that are now going into force with the new Civil Code, and will be updating his blog with a review of these amendments.   The Chinese government has also made available an unofficial translation of the new Civil Code.

We enter the year of the Metal Ox in a few weeks.  The Ox is a hard-working creature that brings prosperity to farmers.  Riding the ox is also a symbol of enlightenment in Buddhism.  I congratulate the hard work of the many people who have enriched us through their study, drafting, and implementation of the Civil Code,

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