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.
SPC’s 2020 IP-Related Judicial Interpretation Agenda
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 […]
The Phase 1 IP Agreement: Its Fans and Discontents
How much will the IP Sections of the Phase 1 Agreement (the “Agreement”) with China change IP strategies in China? For the most part, the Agreement adds much less than its appearance might […]
Catching up With The Literature on Forced Tech Transfer…
(from the OECD report, discussed below) While President Trump has extended the truce on the trade war, academic and business debate around the nature of “forced technology transfer” (FTT) practices in China […]
How to Measure the Steps to a Binding Truce…
“The real question is so we do a memorandum of understanding, …. How long will that take to put into a final binding contract” (President Trump) “From now on … we are […]
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 […]
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 […]
Trade and Peace on Earth: Part 1
O ye who read this truthful rime From Flanders, kneel and say: God speed the time when every day Shall be as Christmas Day. (Frederick Niven, “A Carol from Flanders”, regarding the […]
A Data Download on Semiconductor Patent Litigation in China
Because of its strategic importance to both the United States and China, the IC sector is a useful example of how Chinese policies and plans may – or may not – be […]
December 2017 Update
Here are some updates on IP developments in China from this past December 2017: 1. Xi Jinping: China must accelerate implementation of big data strategy (English) 习近平：实施国家大数据战略加快建设数字中国 (Chinese). Xi Jinping, during a collective study […]
China IPR - Intellectual Property Developments in China 