There are numerous heirarchies to Chinese legislation and IP laws are certainly not an except to this. Due to the government reorganization in 2018, Chinese efforts to become an innovative economy, and external political pressure from the Trade War, there has also been extensive external political pressure on Chinese IP legislative efforts. The different approaches to legislating may indicate potential weaknesses in the laws. They may also be the outcome of internal bureaucratic struggles.
The Cart Before the Horse in China’s Patent Linkage Regime
Judicial involvement in this legislation is needed to harmonize the legal complexities of patent linkage which complex issues of patent law, civil law, administrative law, and pharmaceutical regulation.
Foreign Investment Law Implementing Regs Open For Public Comment: Administrative and Punitive Enforcement Ascends Again
The Ministry of Justice had published a draft of the Foreign Investment Law Implementing Regulations for public comment. Chinalawtranslate has prepared an English translation of the proposed regulations and of the law […]
IPR Outcomes in the 26th JCCT
Here are the IP outcomes of the 26th Joint Commission on Commerce and Trade, concluded early in November 2015 in Guangzhou. The IP-related outcomes appear primarily in three different places in the […]
Synergies and Contrasts Between The National IP Strategy Action Plan and Fourth Plenum (with contrasting wordclouds)
“”” Here is an unofficial translation of the English language translation of the Action plan of the National IP Strategy (2014 -2020) (NIPS), about which I previously blogged. A wordcloud from this English translation is above […]
Action Plan for Further Implementation of the National IP Strategy (2014-2020) Approved
According to a Chinese Government website, on December 29, the State Council reviewed and approved the Action Plan for Further Implementation of the National IP Strategy (2014-2020) (Action Plan). The Outline of the National […]
MofCOM’s September 12 IP Program in DC Covers A Wide Range of IP Developments
Here is a digest of some of the highlights of the half day program hosted by MofCOM on IP in Washington DC on September 12. The Supreme People’s Procuratorate gave a useful […]
The Real Mischief of Tianjin’s Patenting Police Chief
Many media, including the Wall Street Journal, have reported on Tianjin police chief, Wu Changshun 武長順, who seems to be following in the footsteps of Chengdu police chief Wang Lijun, 王立军 as […]
American Bar Association comments on SAIC IPR Abuse Guidelines (8th Draft)
The American Bar Association has just released its comments on the SAIC IPR Abuse Guidelines which are available here.
Through a Glass Less Darkly: China’s March to Administrative Enforcement Transparency
On November 20, the State Council, at an executive meeting chaired by Premier Li Keqiang, approved the “Opinion on Making Publicly Available According to Law Information on Administrative Penalties Concerning the Production […]