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 […]
The 600 Billion Dollar China IP Echo Chamber
“Most people use statistics the way a drunkard uses a lamp post, more for support than illumination.” Mark Twain What are the losses due to “IP Theft” from China? On a recent […]
Further Trade-Responsive IP Legislative Developments May Be In the Works…
“When a stranger lives with you in your land, do not mistreat him. The stranger living with you must be treated as one of your native-born. Love him as yourself, for you […]
RIP VAN WINKLE RETURNS FOR THE TRADE WAR
A Modern Illustrated Political Fable By an Anonymous Folklorist Rip Van Winkle VIII, Esq, the great US government intellectual property and trade lawyer and descendant of the Hudson Valley Van Winkles, fell […]
THE TIER IS REVISED…
After nearly twenty years of advocacy, China has finally revoked certain offensive provisions of the Administration of Technology Import/Export Regulations (“TIER”), effective March 18, 2019. The decision was made by State Council […]
Catching up With The Literature on Forced Tech Transfer…
(from the OECD report, discussed below) While President Trump has extended the truce on the trade war, academic and business debate around the nature of “forced technology transfer” (FTT) practices in China […]
What the EU and US WTO IP Disputes Reveal About Trade Diplomacy
Two contrasting approaches to using the WTO for China-related IP issues involving technology licensing and forced technology transfer are now pending at the WTO. The United States initiated a WTO dispute on […]
Draft of Data Exclusivity Rules Released by CFDA
CFDA just released on April 25, 2018, its Public Comment Draft of Pharmaceutical Data Exclusivity Implementing Rules (provisional) 药品试验数据保护实施办法（暂行）征求意见稿, available here (the web version is here). Comments are due by May 31, 2018, […]
The Widening Impact of China’s Publication of IP Cases
I recently had the opportunity at the Fordham IP Conference to discuss the potential impact of the continuing publication of court decisions by China’s courts since 2014, including their wide-ranging impact on […]
