Several useful empirical reports on China’s IP environment have been released in the past few weeks. I summarize four of them: Trademark Litigation Jerry Xia and his colleagues at the Anjie firm […]
Translation of Draft Patent Law Available
Thanks to He Jing of the Anjie Law Firm, attached please find an unofficial line-by-line translation of the recently released Patent Law Amendments 2nd reading. Comments are due August 16, 2020. Some highlights […]
New Draft JI on Enforcement on Criminal IP Laws, Especially Trade Secrets
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 […]
Public Interest and Private Rights in the Copyright Law Amendments
June 13 is the last day for submitting comments to China’s National People’s Congress on proposed revisions to China’s Copyright Law. In this blog, I discuss draft provisions in the Copyright Law […]
An Unwelcome Addition and A Welcome Subtraction in the Technology Transfer Provisions of the New Civil Code
The Civil Code of China has now been enacted by the National People’s Congress (eff. January 1, 2021). As previously discussed in this blog, the Civil Code now incorporates the technology contract […]
Draft Copyright Law Up for Public Comment
The National People’s Congress released a draft of the Copyright Law for public comment. Comments are due by June 13, 2020. The NPC comments on the draft are found here. The NPC […]
SAMR Releases Legislative Work Plan for 2020
On 26 March 2020, SAMR released its Legislative Work Plan for 2020 (“2020 Legislative Plan”) 国家市场监督管理总局2020 年立法工作计划. In 2020, 7 draft laws and administrative regulations行政法规, including the Amendment to the Detailed Rules […]
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 […]
MofCOM Releases Draft Foreign Investment Complaint Rules: How Good Will It Be For Forced Tech Transfer?
On March 23, 2019 the Ministry of Commerce released its Rules for Foreign Investment Complaints (Draft for Public Comment (外商投资企业投诉工作办法[征求意见稿]) (the “Rules”). Comments are due by April 22. This is one of […]
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 […]