There is still time to register for “Quantum Leap: Developments in China IP Law over the Past Two Years”. The program will discuss the major changes in Chinese IP that have occurred […]
There are numerous heirarchies to Chinese legislation and IP laws are certainly not an except to this. Due to the government reorganization in 2018, Chinese efforts to become an innovative economy, and external political pressure from the Trade War, there has also been extensive external political pressure on Chinese IP legislative efforts. The different approaches to legislating may indicate potential weaknesses in the laws. They may also be the outcome of internal bureaucratic struggles.
CAI, RCEP and the Phase 1 Trade Agreement all responded to different economic, trade demands and political urgencies. The CAI has been understood as a sign by the Biden administration that the European Union will pursue its own trade relationship with China based on its own interests. While the IP and forced technology transfer provisions of the Phase 1 Agreement helped establish new standards in China that are applicable to all countries, the non-IP provisions of the Phase 1 Agreement were not kind to Europeans and other allies in their preferential buying requirements. The EU, however, did not significantly advance IP protections in the CAI text. The bright side of this picture is that the CAI leaves space for the United States and the European Union to further coordinate strategies on IP protection in China.
An Unwelcome Addition and A Welcome Subtraction in the Technology Transfer Provisions of the New Civil Code
The Civil Code of China has now been enacted by the National People’s Congress (eff. January 1, 2021). As previously discussed in this blog, the Civil Code now incorporates the technology contract […]
This guest blog has been written by Prof. HAO Yuan of Tsinghua University School of Law. China is facing a pressing need to build its innovation-driven economy. To facilitate key features of […]
This blog provides an update on recent legislative developments involving the interface between IP and China’s Anti-Monopoly law. On November 28, 2019, SAMR published the Anti-Monopoly Compliance Guidelines for Undertakings (Draft for […]
How much will the IP Sections of the Phase 1 Agreement (the “Agreement”) with China change IP strategies in China? For the most part, the Agreement adds much less than its appearance might […]
The NPC has released a draft of the contract chapter of the draft civil code for public comment. According to the NPC Observer, this is the second draft with the final round scheduled for consideration as early as March 2020. Comments are being accepted by the NPC through January 26, 2020. Chapter 20 of the […]
Towards a Better Understanding of “Forced Technology Transfer” Policies in China and Their Strategic Implications
In August 2017, President Trump issued an executive order setting in motion an investigation of China’s trade policies including IP, technology transfer, and investment policies. The “Section 301” report on this investigation […]
There have been a number of empirical reports in recent weeks on China’s IP system. In this blog, I look at the annual Supreme People’s Court 2017 Report on the Situation Regarding […]