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 […]
Draft Civil Code Technology Contract Law Available for Comment
The NPC has released a draft of the contract chapter of the draft civil code for public comment. According to the NPC Observer, this is the second draft with the final round scheduled for consideration as early as March 2020. Comments are being accepted by the NPC through January 26, 2020. Chapter 20 of the […]
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 […]
Foreign Investment Law Implementing Regs Open For Public Comment: Administrative and Punitive Enforcement Ascends Again
The Ministry of Justice had published a draft of the Foreign Investment Law Implementing Regulations for public comment. Chinalawtranslate has prepared an English translation of the proposed regulations and of the law […]
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 […]
Trademark Law and AUCL Revisions Passed Into Law
Jill Ge of Clifford Chance has brought to my attention that the changes proposed to the Trademark Law and Anti-Unfair Competition Law that I reported on April 21, have now been passed at […]
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 […]
China IPR - Intellectual Property Developments in China 