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.
US trade diplomacy is under-emphasizing civil remedies. Increasing criminal IP enforcement can be inconsistent with US domestic policies of utilizing criminal remedies when a civil remedy is inadequate as well as our international goals of protecting of IP as a private property right and incentivizing market mechanisms in economies such as China.
China’s new patent linkage regime involves parallel civil and administrative enforcement mechanisms. Innovative pharmaceutical companies should prepare for the possibility of generic challengers and determine which mechanism will best suit their purposes. Biologics are not protected under this new regime.
I have posted a draft Chinese civil procedure flow chart that highlights unique aspects of China’s Civil Procedure Law. Please feel free to comment.