The sharp drop in granting of Antisuit Injunctions by Chinese judicial authorities and the recent amendments to China’s Antimonopoly Law and related rules, suggest that China may have begun to reprioritize the Antimonopoly Law in FRAND rate-setting disputes.
IP Enforcement is the Focus of This Year’s China IP Series
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.
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.
IMPACT OF RECENT AML LEGISLATION ON THE IPR/ANTITRUST INTERFACE
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 […]
IPR Abuse and Refusals to License
The US Chamber and American Chamber of Commerce (the “Chambers”) have recently made available its recent comments on the NDRC and SAIC drafts of the IP abuse guidelines to be promulgated by […]
IPR Outcomes in the 26th JCCT
Here are the IP outcomes of the 26th Joint Commission on Commerce and Trade, concluded early in November 2015 in Guangzhou. The IP-related outcomes appear primarily in three different places in the […]
Standards and IP – December Updates
Nearly every week there is a new development somewhere in the world on IP and standards. China has been no exception. I already blogged about several of them of them, including EIPC […]
JCCT 2014 Winds Up – Joint Fact Sheets Now Released
The 2014 JCCT was hosted by the US government in Chicago, Illinois this year. Here is a link to the updated English fact sheet (released Dec. 29) (Chinese:第25届中美商贸联委会联合成果清单) that is now a joint fact sheet. Here is […]
A Quick Report on the EIPC MIIT Conference Including SAIC’s IP Abuse Rules, Patent Law Amendments, EIPC MIIT Standardization Policies, Standards and IP Abuse…
EIPC MIIT’s Conference on Intellectual Property Standards and Anti-Monopoly Law convened on December 10 and 11 in Beijing. The conference brought together about 150 international and Chinese experts, including lawyers, judges, academics, […]
Some Comments on MIIT’s Template for IP Policies in Industry Standards Organizations
Late last month, MIIT’s IP Center had released a Template for Intellectual Property Rights Policies of Industry Standardization Organizations for public comment. According to MIIT’s IP Center, this is not a government […]