On March 13, 2025, China’s State Council issued new regulations regarding resolving foreign-related IP disputes. These comments discuss how the regulations might be used to encourage Chinese government responses to foreign government and judicial agencies’ actions against Chinese companies defending or asserting their rights overseas.
Some Observations on SAMR’s New Antimonopoly Guidelines for SEPs
SAMR’s new Antimonopoly Guideline for SEPS suggests possible new enforcement pathways for the agency, including areas that may be of concern to foreign licensors.
SAMR’s “Choreography” of SEP AML Rulemaking
How should one understand the overlapping rules enacted by SAMR on IP, SEPS and antitrust? Is a new wave of legislation under way? Is China planning on ramping up antitrust enforcement in SEPs? What do these legislative experiments portend in terms of China’s commitments to rule of law and the challenges faced by high tech companies – whether implementer or licensor in China?
USPTO Translations of Draft Legislation Now Available
China continues legislating with proposed patent examination guidelines and revised plant variety protection rules. Non-official translations of both documents are available here. The legislative process involved in both these documents has deviated somewhat form prior models.
China’s New Seed Law: Molecular Varieties and Macro Developments
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 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 […]
China IPR - Intellectual Property Developments in China 