China continues legislating with proposed patent examination guidelines and revised plant variety protection rules. Non-official translations of both documents are available here. The legislative process involved in both these documents has deviated somewhat form prior models.
Recent Translations and Comments on Laws and Cases
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.
IPO’s Comments on Recent Patent Legislation: Untangling a Complex Web
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.
Collaboration or Confrontation: Beyond the False Dichotomy in US-China IP Relations
Recently several writers have criticized the Trump administration’s strategic choice of confrontation over collaboration with China. Among them was an open letter published in the July 2, 2019, Washington Post, “China is Not […]
A Taste of China IP In The New Year
There continue to be various thrusts and feints in these early days of the Trump administration on Chinese IP related matters. Here’s a quick rundown. Tim Trainer, a friend and former colleague, […]
2017 Opens with More Positive Trademark Developments
The SAIC has announced that it has amended its TM review and examination standards (“Trademark Review and Examination Standards”). The revised standards, with a date of December 2016, are available here. The […]
SIPO Publishes Proposed Revisions to Patent Examination Guidelines
On October 27, 2016, the State Intellectual Property Office (SIPO) published the Draft (For Public Comment) of Revisions to the Patent Examination Guidelines. The Chinese text is available here. Comments on the draft should […]