How should one understand the overlapping rules enacted by SAMR on IP, SEPS and antitrust? Is a new wave of legislation under way? Is China planning on ramping up antitrust enforcement in SEPs? What do these legislative experiments portend in terms of China’s commitments to rule of law and the challenges faced by high tech companies – whether implementer or licensor in China?
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.
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.
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.
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 