China’s new Civil Code came into effect January 1, 2021. Here are some IP resources and a link to a translation.
Wuhan and Anti-Suit Injunctions
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 Recent Patent Legislation: Untangling a Complex Web
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 Chinese Law Translations Available
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 […]
Some Additional Possible TRIPS Claims
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 Phase 1: Strange Bedfellows in IP
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.
China IPR, Thanksgiving and “The Room Where It Happens”
“No one really knows how the game is playedThe art of the trade… no one else is in The room where it happens.” (Lin Manuel-Miranda, from the musical “Hamilton”) I never met […]
Upcoming China Pharma IP Program
The Berkeley Center for Law and Technology will be launching a five-part webinar series on “Innovation, Regulation in the Life Sciences” on November 17 from 4:30-6:00 PM. The launch program is devoted to “China’s Emerging Regime for IP In the Life Sciences”.
Further Observations on the Recent Copyright Law Amendments
Prof. Jiarui Liu at the University of San Francisco, has offered the following observations on the recently passed copyright law reforms, which he has authorized me to share with readers: “- This […]
NPC Passes Revised Copyright Law — Concluding a Robust IP Legislative Agenda For the Past Two Years
According to press reports, an amended Copyright Law was passed on Singles Day, November 11, 2020. The prior NPC drafts was discussed here, and the State Council draft was discussed here. An […]