A Chinese firm submits trademark applications that indicate a deceased US trademark lawyer is their agent. How should USPTO discipline this type of activity to better protect its operations, users of the system, and reduce fraud?
A roundup of recent English language resources on antimonopoly law reform and comments on new rules from SAMR.
Chinese patent data is often misapplied or dismissed in its entirety. Effectively understanding and utilizing the data can lead to better comprehension of the technological challenges that China poses to the United States. Please also join our forthcoming event: https://www.csis.org/events/us-technological-leadership-and-patents-what-can-data-tell-us.
Berkeley and Tsinghua law schools will be presenting their fourth annual program on Transnational IP Litigation, with a focus on litigation and licensing, including licensing of copyright and designs on June 13, 15 & 16.
Please join BCLT on May 24 at 11:00 am Pacific for a 90 minute tour de horizon on IP developments in China. Registration is free,
China’s new Seed Law was a positive step forward, particularly in the protection of Essentially Derived Varieties. The status of any needed implementing legislation is less clear.
The comment period ended February 4, 2021 on the DOJ/USPTO/NIST Draft Policy Statement on Licensing Negotiations and Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments (the “2021 Draft”), to which I […]
Upcoming programs on SEPs, innovation, private international law, IP enforcement at Berkeley or other organizations for October-December 2021.
Translations and comments are made available on patent and trademark examination guidelines, Seed Law, Plant Variety JI, AUCL JI, and Oppo v Sharp. With regard to the SPC decision in Oppo v Sharp a question is raised concerning China’s efforts to regulate and take jurisdiction over global SEP royalty rate setting.
China’s new Judicial Interpretation on Plant Varieties harmonized IP protection for plant varieties with other reforms in IP laws in China. It also reflects China’s increasing efforts to accelerate agricultural reforms including strengthening legal protection for germplasm resources.
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 