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.
RCEP And Phase 1: Strange Bedfellows in IP
China IPR, Thanksgiving and “The Room Where It Happens”
“No one really knows how the game is playedThe art of the trade… no one else is in The room where it happens.” (Lin Manuel-Miranda, from the musical “Hamilton”) I never met […]
Three New Reports Proposing Policies for China Engagement
Three reports were recently released on Chinese law, Chinese science cooperation and US-Chinese relations with recommendations for the incoming administration. Here is a summary: The Brookings Institution’s report “The Future of US […]
Treating the “Foreign” Differently in Trade Secret Enforcement
Both the proposed amendments to the Criminal Law and the administrative rules on trade secret enforcement establish differential treatment for trade secret enforcement when a foreign element is involved
Former SIPO DG Yin Xintian Has Passed Away
Yin Xintian 尹新天 , the former Director General of the Law and Treaty Department of the State Intellectual Property Office, has passed away,
Upcoming China Pharma IP Program
The Berkeley Center for Law and Technology will be launching a five-part webinar series on “Innovation, Regulation in the Life Sciences” on November 17 from 4:30-6:00 PM. The launch program is devoted to “China’s Emerging Regime for IP In the Life Sciences”.
Further Observations on the Recent Copyright Law Amendments
Prof. Jiarui Liu at the University of San Francisco, has offered the following observations on the recently passed copyright law reforms, which he has authorized me to share with readers: “- This […]
NPC Passes Revised Copyright Law — Concluding a Robust IP Legislative Agenda For the Past Two Years
According to press reports, an amended Copyright Law was passed on Singles Day, November 11, 2020. The prior NPC drafts was discussed here, and the State Council draft was discussed here. An […]
Upcoming Town Hall at Duke University on Bilateral Relations and Innovation
I will be speaking November 10, 2020 at an upcoming National Committee on US-China Relations Town Hall, hosted by Duke University and focusing on science and technology relations. Prof. Denis Simon of […]
Draft Judicial Interpretation on Patent Linkage Released by SPC
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 IPR - Intellectual Property Developments in China 