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.
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
Revised Patent Law Passed by NPC
According to Chinese press reports, the National People’s Congress Standing Committee decided to approve the revised patent law on October 17, 2020. The Legal Daily notes that among the key provisions that […]
2nd Round of Patent Law Amendments Released for Comment
According to the NPC Observer and other sources, the NPC Standing Committee is now seeking comments to the second review draft of the Patent Law amendments专利法修正案草案二次审议稿. The official NPC comments released with the […]
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 […]
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 […]
The Changing Legislative Landscape of Trade Secret Protection in China
This blog is a supplement to my prior blog on the recent TM law and AUCL revisions. Attached is a bilingual translation provided by the Quality Brands Protection Committee (QBPC) of the recent […]