There are now numerous IP cases where foreign judges have decided that Chinese courts failed to provide adequate notice or procedural transparency. Should concerns over a failure to comply with general notions of due process, including notice or access to counsel mandate that a court limit the impact of a foreign court’s anti-suit injunction?
Mark Cohen （柯恒）
Mark Allen Cohen (柯恒) is currently the Senior Technology Fellow at the Asia Society of Northern California and an Edison Fellow at the University of Akron School of Law. He also serves as a Non-Resident Scholar at the University of California Haas School of Business as well as the University of California, San Diego, and the National Bureau of Asian Research. He previously served as the first Intellectual Property Attaché at the U.S. Embassy in Beijing and as Attorney-Advisor in the Office of International Relations at USPTO. He is a recipient of the Meritorious Honor award from President Barack Trump on recommendation of President Obama. This is the highest award in the U.S. civil service. In total, he has over 40 years private, public sector, in house and academic experience on IPR issues in China. This blog represents the opinions of Mark Cohen and any guest authors only and should not be construed as the position of any third party.
The New Civil Code and the Metal Ox
China’s new Civil Code came into effect January 1, 2021. Here are some IP resources and a link to a translation.
Wuhan and Anti-Suit Injunctions
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 […]
China’s Holiday Gift For Foreign Patent Agents and Agencies
In furtherance of the August 20 Notice of the Ministry of Commerce on “Issuing the Overall Plan for Comprehensively Deepening the Innovation and Development of Service Trade” (商务部关于印发全面深化服务贸易创新发展试点总体方案的通知) (商服贸发)〔2020〕(165号), CNIPA issued two […]
IPO’s Comments on Recent Patent Legislation: Untangling a Complex Web
IPO’s Comments on recently proposed examination guidelines and on the SPC’s patent linkage reveal an increasingly complex web of IP legislation which is dependent on clarity in higher level laws.
USPTO Chinese Law Translations Available
USPTO has graciously made available here its unofficial translations of 19 IP related final and/or draft IPR Laws, Regulations, drafting descriptions of Regulations, Rules, explanations on the Rules, as well as judicial […]
Patent Data in a Pandemic
China’s first 10 month 2020 data shows a market increase in utility model patent applications. Is this a response to the pandemic? How does the data compare to USPTO filings for this period?
Some Additional Possible TRIPS Claims
I received several emails about my recent blog on possible TRIPS claims involving China. There are three additional WTO claims that have since come to mind. Each of them would also require […]
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.
USPTO Finally Travels Up the Diplomatic Staircase
According to a USPTO news release, four USPTO overseas officials have been elevated to the diplomatic rank of “Counselor”. Efforts to elevate the PTO position overseas took over 13 years of work.
China IPR - Intellectual Property Developments in China 