The Gen Law Firm (己任律师事务所) has graciously provided us with translations of two recently released judicial interpretations with red-lining to compare with the prior public comment drafts. The civil trade secret judicial interpretation […]
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.
New SPC Guiding Opinion on E-Commerce and IP
On September 12, 2020, the Supreme People’s Court issued its new “Guiding Opinion on the Trial of Civil Cases of Intellectual Property Rights Involving E-Commerce Platforms” 关于审理涉电子商务平台知识产权民事案件的指导意见 (the “Guiding Opinion”). This Guiding […]
Supreme People’s Court Releases Trade Secret JI
On September 11, 2020,the SPC released its trade secret JI on civil enforcement of trade secrets. Here is a link to a Chinese text comparing the final version with the draft released […]
SAMR Releases Draft Trade Secret Rules for Public Comment
On September 4, 2020, the State Administration for Market Regulation (SAMR) released Draft Trade Secret Protection Rules for public comment [商业秘密保护规定(征求意见稿)] including an accompanying explanation. Comments are due by October 18, 2020. […]
Draft NMPA and CNIPA Rules on Patent Linkage Released for Public Comment
China’s National Medical Products Administration on September 11, 2020, in conjunction with the China National IP Administration released the draft “Implementation Measures for the Early Resolution Mechanism for Drug Patent Disputes (Trial) […]
A Webinar Roundup
On September 15, 2020, USPTO is sponsoring a free webinar on “Safeguarding Trade Secrets in China’s China’s Changing IP Landscape” from 9:00-11:00 AM EST. Information is available here. Speakers include Jerry Xia, […]
Constitution and Context in the TikTok and WeChat Executive Orders
President Trump has now issued three Executive Orders (EOs) prohibiting WeChat and TikTok from transacting business in the United States. The first two EOs were issued on August 6 pursuant to the […]
The IP Theft Nexus in the Houston Consulate Closing
What were the reasons for the closing of the Houston Chinese Consulate? This blog explores the various legal and political reasons for its closure as well as later discovered information on the involvement of the Houston Consulate in technology misappropriation.
Webinars, Comments and An Encomium
The Webinars: There several useful webinars that are scheduled for this month. On July 23, 2020 the USPTO will be hosting a webinar on using overlapping rights to protect your products (10:30 […]
Proposed Amendments to the Criminal Code on Trade Secrets
Amendments to the Criminal Law regarding trade secret theft have been announced by the NPC. A new provision is proposed to be added to the end of Article 219 of the Criminal […]
