Considering attending a Congressional hearing on May 4, 2023 on China’s Interaction with Foreign Legal Systems. Here is the link: https://www.uscc.gov/hearings/rule-law-chinas-increasingly-global-legal-reach.
Bureaucracy and Politics in Recent SAMR Legislation
There are numerous heirarchies to Chinese legislation and IP laws are certainly not an except to this. Due to the government reorganization in 2018, Chinese efforts to become an innovative economy, and external political pressure from the Trade War, there has also been extensive external political pressure on Chinese IP legislative efforts. The different approaches to legislating may indicate potential weaknesses in the laws. They may also be the outcome of internal bureaucratic struggles.
The NTE Report On Chinese IP And Its Relationships To Chinese Legal Developments
USTR’s recently released NTE report shows continuing lack of clarity over key Chinese legal terms. The report also declines to discuss commercial rule of law issues raised in last years Special 301 report. What role does commercial rule of law have in the Biden Administration’s trade diplomacy? The answer is unclear.
Trade Wars: A New Beginning?
Why is this year’s Special 301 Report (the “Report”) from USTR (April 29, 2019) different from prior reports? In prior years, this report often repeated materials found elsewhere, such as in the […]
What the EU and US WTO IP Disputes Reveal About Trade Diplomacy
Two contrasting approaches to using the WTO for China-related IP issues involving technology licensing and forced technology transfer are now pending at the WTO. The United States initiated a WTO dispute on […]
Justice Tao Kaiyuan and the Role of the Judiciary
Justice Tao Kaiyuan of the Supreme People’s Court, who had been to the United States in 2015 delivering important speeches on rule of law, has recently published an article on “Giving Full […]
A Pair of Experiments in the Beijing IP Court
Back in 2012, I noted that “[t]he Chinese civil judiciary is pursuing reform and gaining experience, as Deng Xiaoping noted, by crossing the river by feeling the stones. A disproportionate part of […]
Synergies and Contrasts Between The National IP Strategy Action Plan and Fourth Plenum (with contrasting wordclouds)
“”” Here is an unofficial translation of the English language translation of the Action plan of the National IP Strategy (2014 -2020) (NIPS), about which I previously blogged. A wordcloud from this English translation is above […]
Crossing the River by Feeling the IP Stones: How China’s Civil Procedure System Benefits from Reforms Made in IP Civil Litigation
On August 3, 2012, the NPC passed the revised Civil Procedure Law. This is the third time that the CPL has been amended since it was first enacted in 1991. The new […]
China IPR - Intellectual Property Developments in China 