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?
EU Files Request for Consultations on Chinese Judicial SEP Practices
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 […]
US Suspends IP Case Against China at the WTO. Quo Vadis Europa?
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 […]
Unpacking the Role of IP Legislation in the Trade War
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 […]
US Files Consultation Request at WTO on Chinese Technology Licensing Practices
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 […]
Geographical Indications: Guides and Commitments
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 […]