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.
Should China make injunctions more difficult in patent civil cases? A recent report from a Chinese think tank makes the argument for such changes. The change, if implemented, could particularly impact foreign rights holders.
The Hudson Institute just released the recording of its recent webinar on Patents and China: What Is the Right Policy for the America First Agenda? | Hudson Institute. Prof. Adam Mossoff moderated […]
Over the course of the last three months, I spoke at a trifecta of Congressional hearings: the House Judiciary Committee, the Senate Judiciary Committee, and the Congressional US-China Economic and Security Review Commission. Before I had testified I was pessimistic about the prospects for positive IP-related legislation in our national competitive interests. I am now mildly optimistic that Congress can pass necessary IP legislation if both parties in Congress and the Administration work together.
On January 17, 2019 in Washington, DC, many of the country’s leading patent experts, including USPTO Director Andrei Iancu, will gather to discuss how the U.S. patent system can be optimized for […]
As has been noted in the media, on April 26, 2018, the Guangdong High People’s Court (GHC) promulgated the Trial Adjudication Guidance for Standard Essential Patent Dispute Cases (the “Guangdong Guidance”). 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 […]
The Federal Circuit Bar Association and USPTO announced on July 17, 2017 that they are hosting a webinar on the latest research and developments in standards essential patents (SEPs) in China on […]
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 