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.
Translations and comments are made available on patent and trademark examination guidelines, Seed Law, Plant Variety JI, AUCL JI, and Oppo v Sharp. With regard to the SPC decision in Oppo v Sharp a question is raised concerning China’s efforts to regulate and take jurisdiction over global SEP royalty rate setting.
Berkeley Law will be hosting a book talk on the treatise, Intellectual Property Law in China (2d ed.) on September 23, 2021 at 5 PM Pacific Time. Registration is free. We will discuss the rapid evolution of China’s IP regime over the past 40 years as well as the likely directions that China’s IP regime will take place in the years ahead.
The China National Intellectual Property Administration (CNIPA) published its Revised Draft Provisions Concerning Regulating Patent Application Behavior (Draft for Public Comment) (关于规范申请专利行为的若干规定修改草案[征求意见稿]) on May 6, 2021 (the “Draft Provisions”). The purpose of this […]
The challenges of inputting Chinese characters has contributed to modern technologies for inputting characters of all language through predictive technologies. One of the early pioneers of the Chinese typewriter lived in New York City. This Chinese-American inventors held several patents in typewriting and transmission of information.
This is the second article on recent research on Chinese IP law and practice. The focus of this blog is a widely read article of Judge Zhu Jianjun, Shenzhen Intermediate Court, Intellectual […]
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 […]
In furtherance of the August 20 Notice of the Ministry of Commerce on “Issuing the Overall Plan for Comprehensively Deepening the Innovation and Development of Service Trade” (商务部关于印发全面深化服务贸易创新发展试点总体方案的通知) (商服贸发)〔2020〕(165号), CNIPA issued two […]
IPO’s Comments on recently proposed examination guidelines and on the SPC’s patent linkage reveal an increasingly complex web of IP legislation which is dependent on clarity in higher level laws.
China’s first 10 month 2020 data shows a market increase in utility model patent applications. Is this a response to the pandemic? How does the data compare to USPTO filings for this period?