About a dozen years ago while reviewing SIPO monthly statistics, I noticed that the percentage of foreign applications for invention patents for the prior year had shrunk to the point where they […]
I will be talking February 22, 2021 at 7 PM at a virtual Duke University webinar on “China’s Emerging Intellectual Property Edge: Challenges and Opportunities.” The program is sponsored by Duke’s Asia/Pacific […]
I previously blogged about several China-oriented proposals released after the November elections here. Three additional proposals have recently been released that involve how the USG engages China on IP and innovation issues. 1.The […]
There are now numerous IP cases where foreign judges have decided that Chinese courts failed to provide adequate notice or procedural transparency. Should concerns over a failure to comply with general notions of due process, including notice or access to counsel mandate that a court limit the impact of a foreign court’s anti-suit injunction?
China’s new Civil Code came into effect January 1, 2021. Here are some IP resources and a link to a translation.
Wuhan, China is currently a destination jurisdiction for anti-suit injunctions (ASI) and anti-anti-suit injunctions (AASI). Although the first AASI was issued in a Wuhan maritime case in July 2017, the IP judiciary […]
IPO’s Comments on recently proposed examination guidelines and on the SPC’s patent linkage reveal an increasingly complex web of IP legislation which is dependent on clarity in higher level laws.
USPTO has graciously made available here its unofficial translations of 19 IP related final and/or draft IPR Laws, Regulations, drafting descriptions of Regulations, Rules, explanations on the Rules, as well as judicial […]
I received several emails about my recent blog on possible TRIPS claims involving China. There are three additional WTO claims that have since come to mind. Each of them would also require […]
RCEP and the Phase 1 Trade Agremeent are strange historical bedfellows, joined by common approaches to IP that diminish its role as a private right. The differences between the two agreements are also significant. The Phase 1 Agreement explicitly contemplated a Phase 2 Trade Agreement. It also only involved one country. RCEP intends to be comprehensive and regional, if not global. It is an alternative to the TPP. It will help China establish global IP norms.