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.
Draft Judicial Interpretation on Patent Linkage Released by SPC
IPO Comments on the Trade Secret Rules
The Intellectual Property Owners Association (IPO) has submitted bilingual comments to SAMR on the draft Trade Secret Rules 《商业秘密保护规定（征求意见稿) 》. The comments are found here and at the IPO website I blogged […]
The Cart Before the Horse in China’s Patent Linkage Regime
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.
Upcoming Federalist Society Live Podcast on China IP
I will be talking at a Federalist Society sponsored live podcast this Thursday October 22, 2020 at noon EDT on “The United States-China Relationship and Intellectual Property”. My fellow speakers are two […]
Revised Patent Law Passed by NPC
According to Chinese press reports, the National People’s Congress Standing Committee decided to approve the revised patent law on October 17, 2020. The Legal Daily notes that among the key provisions that […]
SAMR’s Draft Trade Secret Rule: An Unchartered Step Forward?
As previously discussed, SAMR released a draft trade secret protection rule for public comments on September 4 (the “Rule”). Comments are due October 18, 2020. I have attached here a draft translation […]
Fact or Fiction in the US-China IP Trade War
The Asia Society of Northern California has made the video available of my October 8 speech on “Fact and Fiction in the US-China IP Trade War” available here on Youtube. You can […]
IP, China and Disrupted Supply Chains: What Does the Future Hold?
What are the impacts of Trump administration punitive tariffs, export control sanctions, and foreign investment restrictions against China on the underlying technologies for these products and on their extended supply chains? Has […]
Asia Position at BIO Opens
The Biotechnology Industry Organization (BIO) recently posted a position vacancy for a Director International Affairs, Asia. Recommended background: knowledge of an Asian language, 5-10 years relevant experience (including government relations), experience in […]
Fact and Fiction in the US-China IP Trade War
The Asia Society of Northern California is sponsoring a free webinar October 8 from 5-6:30 PM PST on “Fact and Fiction in the US-China IP Trade War” as part of its “Seek […]
China IPR - Intellectual Property Developments in China 