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.
USPTO has graciously made available here its unofficial translations of 19 IP related final and/or draft IPR Laws, Regulations, drafting descriptions of Regulations, Rules, explanations on the Rules, as well as judicial […]
The Supreme People’s Court issued the its draft patent linkage Judicial Interpretation, the “Provisions on Several Issues Concerning the Application of Law in the Trial of Civil Cases Involving Drug Marketing Review and Approval of Patent” (Draft for Solicitation of Comments)” The deadline for submission of comments on the JI is Dec. 14. The JI sets up a possible jurisdictional battle between the courts and administrative agencies in adjudicating patent linkage cases.
China’s National Medical Products Administration on September 11, 2020, in conjunction with the China National IP Administration released the draft “Implementation Measures for the Early Resolution Mechanism for Drug Patent Disputes (Trial) […]
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: […]
An Unwelcome Addition and A Welcome Subtraction in the Technology Transfer Provisions of the New Civil Code
The Civil Code of China has now been enacted by the National People’s Congress (eff. January 1, 2021). As previously discussed in this blog, the Civil Code now incorporates the technology contract […]
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 […]