China’s new Seed Law was a positive step forward, particularly in the protection of Essentially Derived Varieties. The status of any needed implementing legislation is less clear.
Recent Translations and Comments on Laws and Cases
Translations and comments are made available on patent and trademark examination guidelines, Seed Law, Plant Variety JI, AUCL JI, and Oppo v Sharp. With regard to the SPC decision in Oppo v Sharp a question is raised concerning China’s efforts to regulate and take jurisdiction over global SEP royalty rate setting.
The NTE Report On Chinese IP And Its Relationships To Chinese Legal Developments
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.
New Draft JI on Plant Variety Protection Open for Comment
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 Chinese Law Translations Available
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 […]
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.
Translations of Civil Trade Secret and Criminal IP JI’s Available
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 […]
New SPC Guiding Opinion on E-Commerce and IP
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 […]
Supreme People’s Court Releases Trade Secret JI
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 […]
Webinars, Comments and An Encomium
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 […]