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.
China’s New Seed Law: Molecular Varieties and Macro Developments
China’s Anti-Blocking Statute Will Soon Make Its Debut
Xinhua reported on June 7 that the Standing Committee of China’s National People’s Congress will conduct its second reading of a proposed statute, “Law on Opposing Foreign Sanctions” ( 反外国制裁法草案), from June […]
Transitioning to China’s New Patent and Copyright Laws on June 1: Where Have All the Implementing Regulations Gone?
On June 1, 2021, both the revised Copyright Law and Patent Law will come into effect. On May 24, 2021, CNIPA published its “Interim Measures on Disposition of Examination-Related Activities Post Patent Law Implementation” (CNIPA Notice Number 423)《关于施行修改后专利法的相关审查业务处理暂行办法》的公告（第423号）(“Interim Measures”). The Interim Measures address the needs of the patent office of CNIPA to address concrete examination issues in the absence of higher-ranking implementing regulations. Why has China been so slow to pass implementing regulations for its new IPR-related laws? What is the significance of the delay in drafting and implementing these regulations?
Bureaucracy and Politics in Recent SAMR Legislation
There are numerous heirarchies to Chinese legislation and IP laws are certainly not an except to this. Due to the government reorganization in 2018, Chinese efforts to become an innovative economy, and external political pressure from the Trade War, there has also been extensive external political pressure on Chinese IP legislative efforts. The different approaches to legislating may indicate potential weaknesses in the laws. They may also be the outcome of internal bureaucratic struggles.
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.
IPO’s Comments on Draft Amendments to Patent Law Implementing Regulations
On January 14, 2021, IPO submitted comments to the China National Intellectual Property Administration on its Recommendations for Amendments to the Implementing Regulations of the Patent Law (Draft for Comment) 《专利法实施细则修改建议（征求意见稿）》 IPO’s comments included suggestions […]
MofCOM’s New Blocking Rule: A Dangerous Weapon or a Necessary Remedy?
On January 9, 2021, MofCOM released the Measures to Block the Improper Extraterritorial Application of Foreign Laws and Measures, (Docket Number 1)（中华人民共和国商务部令 二〇二一年 第1号）(the “Rule”). The Rule was promulgated with “approval from […]
IPO’s Comments on Recent Patent Legislation: Untangling a Complex Web
IPO’s Comments on recently proposed examination guidelines and on the SPC’s patent linkage reveal an increasingly complex web of IP legislation which is dependent on clarity in higher level laws.
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 […]
Treating the “Foreign” Differently in Trade Secret Enforcement
Both the proposed amendments to the Criminal Law and the administrative rules on trade secret enforcement establish differential treatment for trade secret enforcement when a foreign element is involved
China IPR - Intellectual Property Developments in China 