There is still time to register for “Quantum Leap: Developments in China IP Law over the Past Two Years”. The program will discuss the major changes in Chinese IP that have occurred […]
Bureaucracy and Politics in Recent SAMR Legislation
There are numerous heirarchies to Chinese legislation and IP laws are certainly not an except to this. Due to the government reorganization in 2018, Chinese efforts to become an innovative economy, and external political pressure from the Trade War, there has also been extensive external political pressure on Chinese IP legislative efforts. The different approaches to legislating may indicate potential weaknesses in the laws. They may also be the outcome of internal bureaucratic struggles.
Registration Opens For China Tech and IP Events
Two upcoming events to be hosted by Berkeley. On April 27, we will host our third annual Tech, Trade and China program and on May 6 we will host “Quantum Leap”, an overview of the dramatic developments in China’s IP environment in the past two years.
A Season of CNIPA Rulemaking
Several new rules from China’s State Administration for Market Regulation portend a more active role for administrative enforcement of patents, in both patent linkage and major disputes affecting Chinese national interests. How much due process do these rules afford? Are they compatible with the TRIPS Agreement? Will foreigners be treated fairly? Will the administrative agencies be transparent in their decisions and make their cases publicly available. SAMR’s database of IP cases is also relatively new.
There are a number of open issues.
Chinese TM and Design Filings in Europe Showing Continued Positive Trends
EUIPO has issued a report “China EUTM and RCD Focus” on 10 years of China trademark (TM) and registered community design (RCD) filings in the EU. The report also details the impact […]
China’s Evolving Case Law On ASI’s
Notwithstanding China’s civil law tradition, China’s use of anti-suit injunctions (ASI’s) in FRAND disputes has begun to be selected for adoption into the body of “typical cases” 典型案例 that may be referred […]
CNIPA Does A Statistical Switcheroo
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 […]
Upcoming Webinar at Duke University
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 […]
New Proposals on Science and IP Cooperation with China
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 […]
Due Process and ASI’s: Wuhan and Texas
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?