Injunctions in Chinese patent are deeply rooted in Chinese IP civil and administrative practice. Due to the complex nature of China’s legal system, any analysis of the need for reforms to China’s patent litigation system should also take into account the nature of China’s civil patent system, the availability of injunctive-type relief from its administrative system, the potential impact of such reform on other civil remedies., as well as the potential impact on foreign litigants.
A landmark decision involving foreign plant variety administrative enforcement is decided by China’s Supreme People’s Court.
How accurate was a Feb. 20, 2023 article of the Wall Street Journal that reports on a new development in China’s efforts to nab Western technology? I discuss what the available data says and refute the notion that this development is new. It nonetheless remains concerning.
Beginning October 6, 2021, Berkeley Law begins a four-part series on IP enforcement in China. The highly successful four-part SEP series of Prof Hao Yuan continues on October 15 with a discussion of the role of antitrust in SEP licensing and litigation.
Several new rules from China’s State Administration for Market Regulation portend a more active role for administrative enforcement of patents, in both patent linkage and major disputes affecting Chinese national interests. How much due process do these rules afford? Are they compatible with the TRIPS Agreement? Will foreigners be treated fairly? Will the administrative agencies be transparent in their decisions and make their cases publicly available. SAMR’s database of IP cases is also relatively new.
There are a number of open issues.
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.
The Intellectual Property Owners Association (IPO) has submitted bilingual comments to SAMR on the draft Trade Secret Rules 《商业秘密保护规定（征求意见稿) 》. The comments are found here and at the IPO website I blogged […]
Judicial involvement in this legislation is needed to harmonize the legal complexities of patent linkage which complex issues of patent law, civil law, administrative law, and pharmaceutical regulation.
As previously discussed, SAMR released a draft trade secret protection rule for public comments on September 4 (the “Rule”). Comments are due October 18, 2020. I have attached here a draft translation […]
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. […]
Mark Allen Cohen (柯恒} is a Distinguished Senior Fellow, Director and Lecturer of the Asia IP Project at the Berkeley Center for Law and Technology at the University of California, Berkeley. In total, he has nearly 40 years of private sector, public sector, etc., in-house and academic experience on IPR issues in China, including numerous publications and awards. This is his private blog.
China IPR - Intellectual Property Developments in China 