Wuhan, China is currently a destination jurisdiction for anti-suit injunctions (ASI) and anti-anti-suit injunctions (AASI). Although the first AASI was issued in a Wuhan maritime case in July 2017, the IP judiciary […]
Lilith Games v. uCool – Seeking Preliminary Relief in the US
Attached is the order denying a preliminary injunction in Lilith Games v uCool (N.D. Cal., Sept. 23, 2015). According to the order of Judge Conti, Lilith is a video game developer that released […]
The World of Injunctions: Guangzhou Makes Its Mark
According to various press reports, on March 9, 2105, the Guangzhou Specialized IP court issued a preliminary injunction in a copyright matter, Blizzard Entertainment and NetEase versus Chengdu Qiyou Limited (“Seven Games”)，Beijing […]
China’s New Judicial Interpretation on Harmonizing Plant Variety Protection with IP Reforms and Agricultural Policy
China’s new Judicial Interpretation on Plant Varieties harmonized IP protection for plant varieties with other reforms in IP laws in China. It also reflects China’s increasing efforts to accelerate agricultural reforms including strengthening legal protection for germplasm resources.
EU Files Request at WTO for Chinese Disclosure of SEP Cases and Practices
On July 6, 2021, the European Union filed an “Article 63.3” request at the WTO requesting further information on four SEP cases in China. publication of these importance cases will benefit all parties through increased transparency and disclosure of how China has evolved its policy in this contentious area.
What the 301 Report Says About Future Relations on IP with China
USTR released its Special 301 Report (the “Report”) on April 30, 2021. The China except is attached here. The Report addresses a wider range of IP issues than in many prior years. […]
China’s Evolving Case Law On ASI’s
Notwithstanding China’s civil law tradition, China’s use of anti-suit injunctions (ASI’s) in FRAND disputes has begun to be selected for adoption into the body of “typical cases” 典型案例 that may be referred […]
The WTO IP Cases That Weren’t
Does the WTO / TRIPS Agreement still have teeth on IP? This blog explores the possible claims that could be made involving TRIPS Agreement violations and China. The more important claims are complex, data-dependent, and would require a whole of government approach by the Biden adminisitration.
RCEP And Phase 1: Strange Bedfellows in IP
RCEP and the Phase 1 Trade Agremeent are strange historical bedfellows, joined by common approaches to IP that diminish its role as a private right. The differences between the two agreements are also significant. The Phase 1 Agreement explicitly contemplated a Phase 2 Trade Agreement. It also only involved one country. RCEP intends to be comprehensive and regional, if not global. It is an alternative to the TPP. It will help China establish global IP norms.
Draft Judicial Interpretation on Patent Linkage Released by SPC
The Supreme People’s Court issued the its draft patent linkage Judicial Interpretation, the “Provisions on Several Issues Concerning the Application of Law in the Trial of Civil Cases Involving Drug Marketing Review and Approval of Patent” (Draft for Solicitation of Comments)” The deadline for submission of comments on the JI is Dec. 14. The JI sets up a possible jurisdictional battle between the courts and administrative agencies in adjudicating patent linkage cases.
China IPR - Intellectual Property Developments in China 