Should the FTC’s proposed rule banning non-compete agreements be applied in an international context? The FTC failed to consider the international implications of its proposed rule. My comments explore the potential adverse impact on trade secret protection in China, on patent and trade secret strategies, and on competitiveness of US technology clusters.
Transitioning to China’s New Patent and Copyright Laws on June 1: Where Have All the Implementing Regulations Gone?
On June 1, 2021, both the revised Copyright Law and Patent Law will come into effect. On May 24, 2021, CNIPA published its “Interim Measures on Disposition of Examination-Related Activities Post Patent Law Implementation” (CNIPA Notice Number 423)《关于施行修改后专利法的相关审查业务处理暂行办法》的公告（第423号）(“Interim Measures”). The Interim Measures address the needs of the patent office of CNIPA to address concrete examination issues in the absence of higher-ranking implementing regulations. Why has China been so slow to pass implementing regulations for its new IPR-related laws? What is the significance of the delay in drafting and implementing these regulations?
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 […]
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 […]
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 […]
April 3 – 9, 2018 Updates
1.China pushes generics over brands with another round of new pharma policies. The General Office of the State Council on April 3rd, 2018 issued “The Opinion on Reforming and Improving Supply and Use […]
27th JCCT Concludes in DC: Many IPR-Related Outcomes
The 27th Joint Commission on Commerce and Trade concluded in Washington, DC on Wednesday, November 23, 2016, in time for the Thanksgiving holidays in the United States. Here is a link to […]
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 […]
Patent Litigation, Local Protectionism and Empiricism: Data Sources and Data Critiques
Professors Brian Love, Christine Helmers and Markus Eberhardt have recently co-authored an article Patent Litigation in China: Protecting Rights or the Local Economy?. The article has been excerpted in the IAM, discussed […]
Slouching Towards Innovation – A Survey of the Surveys on China’s IP Environment
Here is a summary of the business surveys on IP protection in China, drawn from the European Chamber of Commerce in China, Business Confidence Survey 2015 (June, 2015), the US China Business […]
China IPR - Intellectual Property Developments in China 