I will be a discussant on the recent WTO arbitral decision in DS/611 before a virtual meeting Friends of the Multilateralism Group (FMG). The FMG brings together WTO Ambassadors (past and present), retirees […]
SAMR’s new Antimonopoly Guideline for SEPS suggests possible new enforcement pathways for the agency, including areas that may be of concern to foreign licensors.
How should one understand the overlapping rules enacted by SAMR on IP, SEPS and antitrust? Is a new wave of legislation under way? Is China planning on ramping up antitrust enforcement in SEPs? What do these legislative experiments portend in terms of China’s commitments to rule of law and the challenges faced by high tech companies – whether implementer or licensor in China?
On February 18, 2022, the EU filed a request for consultations at the WTO regarding China’s SEP practices as well as China’s failure to respond to the prior Article 63 transparency request […]
DS/542, the WTO case that the US filed against China regarding China’s legal regime for foreign technology transfers, has now been suspended by order of the Panel. The parallel case that was […]
Here is my attempt to unpack recent legislation and their relevance to the on-going trade dispute. In recent months, China has amended its Foreign Investment Law, the Technology Import/Export Regulations (“TIER”), the […]
Fresh on the heels of the Section 301 announcement, USTR on March 23, 2018 made a consultation request of China regarding China’s discriminatory licensing practices. This is the first step in initiation […]
The EU China IPR SME Help Desk recently published a Guide to Geographic Indications in China that may be useful for European companies seeking to protect geographical indications in China, and for […]
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 