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 Comments on the Trade Secret Rules
The Intellectual Property Owners Association (IPO) has submitted bilingual comments to SAMR on the draft Trade Secret Rules 《商业秘密保护规定（征求意见稿) 》. The comments are found here and at the IPO website I blogged […]
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.
SAMR’s Draft Trade Secret Rule: An Unchartered Step Forward?
As previously discussed, SAMR released a draft trade secret protection rule for public comments on September 4 (the “Rule”). Comments are due October 18, 2020. I have attached here a draft translation […]
Unpacking the Role of IP Legislation in the Trade War
Here is my attempt to unpack recent legislation and their relevance to the on-going trade dispute. In recent months, China has amended its Foreign Investment Law, the Technology Import/Export Regulations (“TIER”), the […]
Further Trade-Responsive IP Legislative Developments May Be In the Works…
“When a stranger lives with you in your land, do not mistreat him. The stranger living with you must be treated as one of your native-born. Love him as yourself, for you […]
SAIC Announces Its Latest Draft of IP Abuse Guidelines
“[T]he word transparency [is] the ‘most opaque in the trade policy lexicon.’” Sylvia Ostry On Feb. 4, 2016, SAIC published for public comment its draft Guidelines On Anti-Trust Enforcement Against IP Abuse, […]
IPR Outcomes in the 26th JCCT
Here are the IP outcomes of the 26th Joint Commission on Commerce and Trade, concluded early in November 2015 in Guangzhou. The IP-related outcomes appear primarily in three different places in the […]
Vice President Biden and Pharmaceutical Innovation
Innovative pharmaceutical companies have been facing a number of challenges in obtaining or maintaining patents in China. One of these issues has involved progressively more restrictive interpretations of Art. 26.3 of the […]
China IPR - Intellectual Property Developments in China 