Injunctions in Chinese patent are deeply rooted in Chinese IP civil and administrative practice. Due to the complex nature of China’s legal system, any analysis of the need for reforms to China’s patent litigation system should also take into account the nature of China’s civil patent system, the availability of injunctive-type relief from its administrative system, the potential impact of such reform on other civil remedies., as well as the potential impact on foreign litigants.
Hangzhou court makes cutting edge decision in July 2021 in copyright case of u-blox v. Techotop by drawing adverse inferences as to copying based on Defendant’s refusal to produce code to challenge prima facie evidence of infringement, relying on a 2001 Judicial Interpretation.
“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 […]
Although many of the proposed changes in China’s patent law amendments are welcome, the draft amendments also present a difficult choice in two key areas: (a) patent administrative enforcement and (b) punitive […]
O ye who read this truthful rime From Flanders, kneel and say: God speed the time when every day Shall be as Christmas Day. (Frederick Niven, “A Carol from Flanders”, regarding the […]
1.New Policies for Innovative Drugs in China. Premier Li Keqiang held an executive meeting of the State Council on April 12, 2018 to adopt a series of measures to encourage the importation […]
Hawaii-based NPE, GPNE Corp., has requested damages in a patent law suit related to GPRS standards of 900 million RMB in Shenzhen (about 129 million USD) against Apple as well as other […]
Continuing the trends in higher damage awards that rely less on statutory damages and more on actual damages, the Beijing IP Court on December 8 awarded damages of 50,000,000 RMB in favor of […]
A string of recent events suggest that there is increasing confidence by the foreign community in China’s antitrust and licensing regime and that some of the aggressive posturing in the past by […]
Attached are comments of the ABA Sections of Antitrust and International Law (ABA) and the George Mason University Global Antitrust Institute (GAI) on the draft guidelines of the National Development and Reform Commission […]
Mark Allen Cohen (柯恒} is a Distinguished Senior Fellow, Director and Lecturer of the Asia IP Project at the Berkeley Center for Law and Technology at the University of California, Berkeley. In total, he has nearly 40 years of private sector, public sector, etc., in-house and academic experience on IPR issues in China, including numerous publications and awards. This is his private blog.
China IPR - Intellectual Property Developments in China 