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 […]
100 Priority IP Projects for 2020
What does the recently released CNIPA document listing “100 Projects in 2020 to Deeply implement the National Intellectual Property Strategy to Accelerate the Construction of the Intellectual Property Powerful Country Promotion Plan” […]
New CPC and State Council Opinions on Improving IP Protection
On November 24, 2019, the General Office of Communist Party of China and the State Council jointly released the Opinions Concerning Enhancing Intellectual Property Rights Protection (关于强化知识产权保护的意见). It is often too easy […]
Further Trade-Responsive IP Legislative Developments May Be In the Works…
“When a stranger lives with you in your land, do not mistreat him. The stranger living with you must be treated as one of your native-born. Love him as yourself, for you […]
Should the NPC also consider Criminal Copyright Reform when it considers Copyright Reform?
At this month’s National People’s Congress, an NPC spokesman noted that this year the NPC intends to address reform of the copyright law, which has been long delayed. However, reform of the […]
27th JCCT Concludes in DC: Many IPR-Related Outcomes
The 27th Joint Commission on Commerce and Trade concluded in Washington, DC on Wednesday, November 23, 2016, in time for the Thanksgiving holidays in the United States. Here is a link to […]