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.
The Cart Before the Horse in China’s Patent Linkage Regime
Judicial involvement in this legislation is needed to harmonize the legal complexities of patent linkage which complex issues of patent law, civil law, administrative law, and pharmaceutical regulation.
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 […]
Beijing IP Court Report on Proposed Patent Linkage Regime
The Beijing IP Court has recently released a Report on patent linkage, which highlights the legal challenges that the courts may face in implementing the proposed linkage regime, entitled “Research on the China […]
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 […]
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 […]
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 […]
China’s “Naked Bolar” and the Tapering Momentum to Protect Innovative Pharmaceuticals
There have been several important developments in recent weeks involving pharmaceutical IP protection in both mainland China and Taiwan. Based on these developments, mainland China appears to be slowing its momentum to […]
On Avoiding “Rounding Up the Usual Suspects” In the Patent Law Amendments …
Although many of the proposed changes in China’s patent law amendments are welcome, the draft amendments also present a difficult choice in two key areas: (a) patent administrative enforcement and (b) punitive […]
The Good Faith Elephant in the IP Trade War
It is impossible to talk about structural issues in China’s IP regime and its impact upon foreigners without addressing the lack of a comprehensive approach to “bad faith” activities in all its […]
China IPR - Intellectual Property Developments in China 