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 […]
More Encouraging News of Trade Secret Reform… But Is It Always Good for the Foreign Community?
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 […]
Three New Draft JI’s
On June 10 (Beijing time), the Supreme People’s Court published three new draft judicial interpretations (JI’s) for public comment. Comments are due by July 27, 2020. The three draft judicial interpretations are: […]
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 […]
SPC’s 2020 IP-Related Judicial Interpretation Agenda
On March 19, 2020, the Supreme People’s Court’s Judicial Interpretation Agenda for 2020 (“2020 Judicial Interpretation Agenda”) 最高人民法院2020年度司法解释立项计划 was discussed and adopted by the SPC Trial Committee at its 1795th meeting on […]
IMPACT OF RECENT AML LEGISLATION ON THE IPR/ANTITRUST INTERFACE
This blog provides an update on recent legislative developments involving the interface between IP and China’s Anti-Monopoly law. On November 28, 2019, SAMR published the Anti-Monopoly Compliance Guidelines for Undertakings (Draft for […]
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 […]
A Potpourri of AIPLA Legislative Comments — And Other Developments
The American Intellectual Property Law Association has once again made its comments on proposed changes to Chinese IP legislation (laws, regulations, rules, examination guidelines, judicial interpretations, etc. ) available to this blog. Attached […]
Across the Fault Lines: Chinese Judicial Approaches to Injunctions and SEP’s
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 […]
Supreme People’s Court Releases New Patent JI For Public Comment
On June 1, the SPC released a new draft judicial interpretation on patent validity litigation for public comment (最高人民法院关于审理专利授权确权行政案件若干问题的规定（一）[公开征求意见稿]). Comments are due within a month. The Chinese draft is found here. Here is […]
China IPR - Intellectual Property Developments in China 