I will be in Taipei next week, where I will be delivering several public lectures. The first one will be on September 19, 2023 at the National Taiwan University of Sciences and […]
How A Wall Street Journal Reporter Influenced the Development of US IPR Diplomacy
This is the second in a series of articles on the evolution of the IP Attaché program in China. My purpose is to recount the challenges in establishing the position, many of […]
IP Enforcement is the Focus of This Year’s China IP Series
Beginning October 6, 2021, Berkeley Law begins a four-part series on IP enforcement in China. The highly successful four-part SEP series of Prof Hao Yuan continues on October 15 with a discussion of the role of antitrust in SEP licensing and litigation.
Rethinking US IP Diplomacy: The Role of Civil Remedies
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.
The SPP’s Increasing Role In Protecting IP
China’s Supreme People’s Procuratorate has set up a specialized IP office, with several local counterpart offices. Trade secret prosecution is a focus. 23,000 cases were prosecuted in the last five years.
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 […]
The WTO IP Cases That Weren’t
Does the WTO / TRIPS Agreement still have teeth on IP? This blog explores the possible claims that could be made involving TRIPS Agreement violations and China. The more important claims are complex, data-dependent, and would require a whole of government approach by the Biden adminisitration.
New Draft JI on Enforcement on Criminal IP Laws, Especially Trade Secrets
China’s judicial organs (the Supreme People’s Court [“SPC”] and Supreme People’s Procuratorate [“SPP”]) continue to work on trade secret related judicial developments, with the release on June 17, 2020 of the “Interpretation […]
More Encouraging News of Trade Secret Reform… But Is It Always Good for the Foreign Community?
James Pooley posted a great blog on IPwatchdog on the recently released draft judicial interpretation on trade secrets (the “Trade Secrets JI”). In his blog, “Has China Finally Embraced Trade Secret Protection […]
Supreme People’s Court Calls for Public Comments on Enforcement of Intellectual Property Judgments
Addendum of April 18, 2020: Here is an English language unofficial translation of the Implementation Plan and the Guidelines for reference purposes. If you see any errors, please advise us by comments […]