Translations and comments are made available on patent and trademark examination guidelines, Seed Law, Plant Variety JI, AUCL JI, and Oppo v Sharp. With regard to the SPC decision in Oppo v Sharp a question is raised concerning China’s efforts to regulate and take jurisdiction over global SEP royalty rate setting.
Forthcoming Book Talk on the Past and Future of Chinese IP
Berkeley Law will be hosting a book talk on the treatise, Intellectual Property Law in China (2d ed.) on September 23, 2021 at 5 PM Pacific Time. Registration is free. We will discuss the rapid evolution of China’s IP regime over the past 40 years as well as the likely directions that China’s IP regime will take place in the years ahead.
Bureaucracy and Politics in Recent SAMR Legislation
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.
Chinese TM and Design Filings in Europe Showing Continued Positive Trends
EUIPO has issued a report “China EUTM and RCD Focus” on 10 years of China trademark (TM) and registered community design (RCD) filings in the EU. The report also details the impact […]
An Update on Data-Driven Reports on China’s IP Enforcement Environment
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 […]
Berkeley Webinar Recap
China Daily just published an article on June 23 on our June 17, 2020 webinar on patent eligibility. The publication also coincided with a blog by Prof. Adam Mossoff on opposition to […]
The Darlie Trademark And BLM
In light of the social activism in the United States, including Black Lives Matter (BLM), Hawley & Hazel, and its joint venture partner, Colgate Palmolive has recently decided to “review and evolve” […]
100 Priority IP Projects for 2020
What does the recently released CNIPA document listing “100 Projects in 2020 to Deeply implement the National Intellectual Property Strategy to Accelerate the Construction of the Intellectual Property Powerful Country Promotion Plan” […]
The Trump Administration and China IP Diplomacy: Old Wine In a New Bottle?
Two major China IP events occurred in late November and December. One of them was the long-awaited first phase of a settlement of the US-China trade war. The second was the nomination […]
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 […]
China IPR - Intellectual Property Developments in China 