On February 18, 2022, the EU filed a request for consultations at the WTO regarding China’s SEP practices as well as China’s failure to respond to the prior Article 63 transparency request […]
EU Files Request for Consultations on Chinese Judicial SEP Practices
Counting and Discounting Patents – The USPTO Study on Patenting Activity in 5G
USPTO released a study on February 15, 2022 entitled “Patenting Activity among 5G Technology Developers”.
The Report uniquely “examines overall patenting trends as well as trends in patent filings and value indicators in the four most-patented 5G-related technologies. The Report does not fully consider China’s role as a major patent office in evaluating the quality of filings.
China in the DOJ Draft Policy: A Summary of the Comments
The comment period ended February 4, 2021 on the DOJ/USPTO/NIST Draft Policy Statement on Licensing Negotiations and Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments (the “2021 Draft”), to which I […]
Upcoming Programs and Recent Recordings
Berkeley Law closes out December 2021 with a range of programs focused on SEPs and IP enforcement, including judges and other speakers from all over the world.
Upcoming Events – From Berkeley and Beyond
Upcoming programs on SEPs, innovation, private international law, IP enforcement at Berkeley or other organizations for October-December 2021.
Recent Translations and Comments on Laws and Cases
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.
China’s New Judicial Interpretation on Harmonizing Plant Variety Protection with IP Reforms and Agricultural Policy
China’s new Judicial Interpretation on Plant Varieties harmonized IP protection for plant varieties with other reforms in IP laws in China. It also reflects China’s increasing efforts to accelerate agricultural reforms including strengthening legal protection for germplasm resources.
USTR, IP and US-China Trade
On October 4 2021, USTR Katherine Tai delivered her much-awaited speech at CSIS outlining US-China trade policy under the Biden Administration. The speech summarizes her “top to bottom” review of US-China trade policy. Sadly, it was one of the most IP-free speeches that we have heard from USTR on China trade policies. USTR Tai mentioned intellectual property only once when she briefly talked about the Phase 1 Agreement. An Administration orientation towards increasing market access for grains and goods, but not protection and commercialization of intangible rights, could have long-term adverse consequences.
IP Enforcement is the Focus of This Year’s China IP Series
Beginning October 6, 2021, Berkeley Law begins a four-part series on IP enforcement in China. The highly successful four-part SEP series of Prof Hao Yuan continues on October 15 with a discussion of the role of antitrust in SEP licensing and litigation.
China Stakes Out Its Interests in Plant Variety Protection
On October 13 from 5:00 – 6:30 PM Pacific Time, Berkeley Law will be offering a free webinar to discuss developments in plant variety and agricultural IP protection in China. The program will also provide a window in many of the legal reforms now taking place in IP in China.
China IPR - Intellectual Property Developments in China 