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.
he Supreme People’s Court issued a draft of a second draft judicial interpretation on plant varieties for public comment on March 23, 2021. Comments are due April 15, 2021.
USPTO has graciously made available here its unofficial translations of 19 IP related final and/or draft IPR Laws, Regulations, drafting descriptions of Regulations, Rules, explanations on the Rules, as well as judicial […]
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.
The Gen Law Firm (己任律师事务所) has graciously provided us with translations of two recently released judicial interpretations with red-lining to compare with the prior public comment drafts. The civil trade secret judicial interpretation […]
On September 12, 2020, the Supreme People’s Court issued its new “Guiding Opinion on the Trial of Civil Cases of Intellectual Property Rights Involving E-Commerce Platforms” 关于审理涉电子商务平台知识产权民事案件的指导意见 (the “Guiding Opinion”). This Guiding […]
On September 11, 2020,the SPC released its trade secret JI on civil enforcement of trade secrets. Here is a link to a Chinese text comparing the final version with the draft released […]
The Webinars: There several useful webinars that are scheduled for this month. On July 23, 2020 the USPTO will be hosting a webinar on using overlapping rights to protect your products (10:30 […]
China’s judicial organs (the Supreme People’s Court [“SPC”] and Supreme People’s Procuratorate [“SPP”]) continue to work on trade secret related judicial developments, with the release on June 17, 2020 of the “Interpretation […]
James Pooley posted a great blog on IPwatchdog on the recently released draft judicial interpretation on trade secrets (the “Trade Secrets JI”). In his blog, “Has China Finally Embraced Trade Secret Protection […]
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.
