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.
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.
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 […]
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 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 […]
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 […]
“”” 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 […]
On Aug 31st 2012, the NPC passed the revised Civil Procedure Law. This is th e third time that the CPL has been amended since it was first enacted in 1991. The […]
Mark Allen Cohen (柯恒} is a Distinguished Senior Fellow, Director and Lecturer of the Asia IP Project at the Berkeley Center for Law and Technology at the University of California, Berkeley. In total, he has nearly 40 years of private sector, public sector, etc., in-house and academic experience on IPR issues in China, including numerous publications and awards. This is his private blog.
China IPR - Intellectual Property Developments in China 