he Supreme People’s Court issued a draft of a second draft judicial interpretation on plant varieties for public comment on March 23, 2021. Comments are due April 15, 2021.
There are now numerous IP cases where foreign judges have decided that Chinese courts failed to provide adequate notice or procedural transparency. Should concerns over a failure to comply with general notions of due process, including notice or access to counsel mandate that a court limit the impact of a foreign court’s anti-suit injunction?
Three reports were recently released on Chinese law, Chinese science cooperation and US-Chinese relations with recommendations for the incoming administration. Here is a summary: The Brookings Institution’s report “The Future of US […]
The Gen Law Firm (己任律师事务所) has graciously provided us with translations of two recently released judicial interpretations with red-lining to compare with the prior public comment drafts. The civil trade secret judicial interpretation […]
Several useful empirical reports on China’s IP environment have been released in the past few weeks. I summarize four of them: Trademark Litigation Jerry Xia and his colleagues at the Anjie firm […]
China’s judicial organs (the Supreme People’s Court [“SPC”] and Supreme People’s Procuratorate [“SPP”]) continue to work on trade secret related judicial developments, with the release on June 17, 2020 of the “Interpretation […]
On June 10 (Beijing time), the Supreme People’s Court published three new draft judicial interpretations (JI’s) for public comment. Comments are due by July 27, 2020. The three draft judicial interpretations are: […]
On March 19, 2020, the Supreme People’s Court’s Judicial Interpretation Agenda for 2020 (“2020 Judicial Interpretation Agenda”) 最高人民法院2020年度司法解释立项计划 was discussed and adopted by the SPC Trial Committee at its 1795th meeting on […]
Addendum of April 18, 2020: Here is an English language unofficial translation of the Implementation Plan and the Guidelines for reference purposes. If you see any errors, please advise us by comments […]
A Federal Circuit with Chinese Characteristics? – The Launch of China’s New National Appellate IP Court 中国特色的联邦巡回上诉法院？
On December 27, 2018, the Supreme People’s Court released the Provisions on Certain Issues of the IP Court (the “Provisions”), and the Standing Committee of the NPC announced a first round name […]