For those who missed them, are the video recording to some recent events: On April 27, 2021 BCLT hosted our third annual “Tech Trade and China” program. The focus this year was […]
Programs Past and Present
China’s Holiday Gift For Foreign Patent Agents and Agencies
In furtherance of the August 20 Notice of the Ministry of Commerce on “Issuing the Overall Plan for Comprehensively Deepening the Innovation and Development of Service Trade” (商务部关于印发全面深化服务贸易创新发展试点总体方案的通知) (商服贸发)〔2020〕(165号), CNIPA issued two […]
The WTO IP Cases That Weren’t
Does the WTO / TRIPS Agreement still have teeth on IP? This blog explores the possible claims that could be made involving TRIPS Agreement violations and China. The more important claims are complex, data-dependent, and would require a whole of government approach by the Biden adminisitration.
RCEP And Phase 1: Strange Bedfellows in IP
RCEP and the Phase 1 Trade Agremeent are strange historical bedfellows, joined by common approaches to IP that diminish its role as a private right. The differences between the two agreements are also significant. The Phase 1 Agreement explicitly contemplated a Phase 2 Trade Agreement. It also only involved one country. RCEP intends to be comprehensive and regional, if not global. It is an alternative to the TPP. It will help China establish global IP norms.
SAMR Releases Draft Trade Secret Rules for Public Comment
On September 4, 2020, the State Administration for Market Regulation (SAMR) released Draft Trade Secret Protection Rules for public comment [商业秘密保护规定（征求意见稿）] including an accompanying explanation. Comments are due by October 18, 2020. […]
Trade Wars: A New Beginning?
Why is this year’s Special 301 Report (the “Report”) from USTR (April 29, 2019) different from prior reports? In prior years, this report often repeated materials found elsewhere, such as in the […]
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 […]
Collaboration or Confrontation: Beyond the False Dichotomy in US-China IP Relations
Recently several writers have criticized the Trump administration’s strategic choice of confrontation over collaboration with China. Among them was an open letter published in the July 2, 2019, Washington Post, “China is Not […]
US Suspends IP Case Against China at the WTO. Quo Vadis Europa?
DS/542, the WTO case that the US filed against China regarding China’s legal regime for foreign technology transfers, has now been suspended by order of the Panel. The parallel case that was […]
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 