USTR’s recently released NTE report shows continuing lack of clarity over key Chinese legal terms. The report also declines to discuss commercial rule of law issues raised in last years Special 301 report. What role does commercial rule of law have in the Biden Administration’s trade diplomacy? The answer is unclear.
China’s Evolving Case Law On ASI’s
Notwithstanding China’s civil law tradition, China’s use of anti-suit injunctions (ASI’s) in FRAND disputes has begun to be selected for adoption into the body of “typical cases” 典型案例 that may be referred […]
An Update on Data-Driven Reports on China’s IP Enforcement Environment
Several useful empirical reports on China’s IP environment have been released in the past few weeks. I summarize four of them: Trademark Litigation Jerry Xia and his colleagues at the Anjie firm […]
Essentially Derived Varieties and The Role of Leading Cases in Chinese Plant Variety Protection
Editor’s Note: Plant Variety Protection (PVP) is a little-discussed topic in China’s IP regime. Indeed, this blog has only reported on PVP-specific issues once before, and once in the context of the […]
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 […]
More on Guiding Cases, Precedents and Databases…
Judge Liu Yijun from Beijing IP Court spoke on the application of China’s IP Case Guidance System in Beijing IP Court. As we have previously reported, one of the latest development in […]
Spring Time for IPR Case Law in China?
Recently, there have been two important developments involving IP-related guiding cases and precedent that shed light on these different approaches of the Supreme People’s Court, which is in charge of guiding cases, […]
Counterfeits in Microchannel Marketing … and Case Law
Amidst the escalating focus on online counterfeiting, piracy and patent infringement, online social media, such as WeChat are also becoming a source of infringing products, as documented in a Wall Street Journal […]
Three Upcoming Programs
Here are three upcoming programs: Stanford is hosting a program on guiding cases at Stanford on Wednesday April 6, 2015. The China General Chamber of Commerce is hosting a program “China-U.S. Intellectual Property […]
Justice Tao Kaiyuan and the Role of the Judiciary
Justice Tao Kaiyuan of the Supreme People’s Court, who had been to the United States in 2015 delivering important speeches on rule of law, has recently published an article on “Giving Full […]