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
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
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
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
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
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
Several Chinese news agencies have reported on by the State Council, the proposed reorganization now being presented to the National People’s Congress, which will significantly rearrange all Chinese agencies, including IP agencies. According […]
Comments on Draft Guidelines on Disgorgement and Fines in AML Matters
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
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 […]
GAI’S Comments on NDRC’s IP Abuse Guidelines
“[T]he code is more what you’d call “guidelines” than actual rules” (Barbossa, Pirates of the Carribean, The Curse of the Black Pearl). Attached find the comments of the Global Antitrust Institute of […]
