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 Phase 1 IP Agreement: Its Fans and Discontents
Draft Civil Code Technology Contract Law Available for Comment
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 […]
Reviewing the 2017 SPC Report on IPR Judicial Protection: The Generalities and the Exceptions
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 […]
Across the Fault Lines: Chinese Judicial Approaches to Injunctions and SEP’s
As has been noted in the media, on April 26, 2018, the Guangdong High People’s Court (GHC) promulgated the Trial Adjudication Guidance for Standard Essential Patent Dispute Cases (the “Guangdong Guidance”). The […]
April 24 – May 7, 2018 Summary
1.NPC Standing Committee Releases 2018 Legislative Plan. The NPC Standing Committee (NPCSC) on Friday released its annual legislative plan for 2018. As usual, the plan is divided into two sections—the first listing […]
US Files Consultation Request at WTO on Chinese Technology Licensing Practices
Fresh on the heels of the Section 301 announcement, USTR on March 23, 2018 made a consultation request of China regarding China’s discriminatory licensing practices. This is the first step in initiation […]
ABA Teleconference on Antitrust Investigations (10/17/16)
The American Bar Association has asked me to post a notice on this forthcoming conference on Chinese Antimonopoly Law investigations, which is also expected to cover the IP issues in AML investigations, […]
Kong Xiangjun Leaves Supreme People’s Court and Enters Academia
Chinese and Western media have reported that former Supreme People’s Court IPR Tribunal Chief Judge Kong Xiangjun and former Deputy Chief Judge of the SPC’s first Circuit Court has been dismissed […]
Qualcomm’s Litigation Strategies and Recent IP Developments in China
反者道之動。弱者道之用。 (道德經, Chap. 40) (Return is the movement of the Dao. Yielding is the way of the Dao. Daodejing, Chap. 40.) To the uninitiated, Qualcomm’s licensing practices in China must appear confusing. […]
China IPR - Intellectual Property Developments in China 