Category: State Council

Transitioning to China’s New Patent and Copyright Laws on June 1: Where Have All the Implementing Regulations Gone?

By Mark Cohen （柯恒） on 2021/05/28 • ( 1 Comment )

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?

The Cart Before the Horse in China’s Patent Linkage Regime

By Mark Cohen （柯恒） on 2020/10/28 • ( Leave a comment )

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.

IMPACT OF RECENT AML LEGISLATION ON THE IPR/ANTITRUST INTERFACE

By Mark Cohen （柯恒） on 2020/03/12 • ( Leave a comment )

This blog provides an update on recent legislative developments involving the interface between IP and China’s Anti-Monopoly law. On November 28, 2019, SAMR published the Anti-Monopoly Compliance Guidelines for Undertakings (Draft for […]

New CPC and State Council Opinions on Improving IP Protection

By Mark Cohen （柯恒） on 2019/11/25 • ( Leave a comment )

On November 24, 2019, the General Office of Communist Party of China and the State Council jointly released the Opinions Concerning Enhancing Intellectual Property Rights Protection (关于强化知识产权保护的意见). It is often too easy […]

Unpacking the Role of IP Legislation in the Trade War

By Mark Cohen （柯恒） on 2019/05/19 • ( 1 Comment )

Here is my attempt to unpack recent legislation and their relevance to the on-going trade dispute. In recent months, China has amended its Foreign Investment Law, the Technology Import/Export Regulations (“TIER”), the […]

Public Comment Draft of Patent Law Revisions Released by NPC

By Mark Cohen （柯恒） on 2019/01/04 • ( Leave a comment )

The National People’s Congress has released a public comment draft of the long-awaited revised patent law on its website . Here is the draft itself, and here are the official explanations on the draft […]

April 10 – 16, 2018 Updates

By Mark Cohen （柯恒） on 2018/04/18 • ( Leave a comment )

1.New Policies for Innovative Drugs in China. Premier Li Keqiang held an executive meeting of the State Council on April 12, 2018 to adopt a series measures to encourage the importation of […]

SIPO/IP Agencies to Be Reorganized and Consolidated

By Mark Cohen （柯恒） on 2018/03/13 • ( 5 Comments )

Several Chinese news agencies have reported that the State Council proposed reorganization os now being presented to the National People’s Congress. Once implemented, these reforms will significantly rearrange all Chinese agencies, including […]

Comments on Draft Guidelines on Disgorgement and Fines in AML Matters

By Mark Cohen （柯恒） on 2016/07/25 • ( 1 Comment )

Attached are comments of the ABA Sections of Antitrust and International Law (ABA) and the George Mason University Global Antitrust Institute (GAI) on the draft guidelines of the National Development and Reform Commission […]

New State Council Decision on Intellectual Property Strategy For China as a Strong IP Country

By Mark Cohen （柯恒） on 2016/07/24 • ( Leave a comment )

On July 18, 2016, the State Council issued a new policy document,国务院关于新形势下加快知识产权强国建设的若干意见-重点任务分工方案 — the “Opinion of the State Council on Accelerating the Construction of Intellectual Property Powers for China as an […]