On January 14, 2021, IPO submitted comments to the China National Intellectual Property Administration on its Draft Amendments to the Implementing Regulations of the Patent Law. IPO’s comments included suggestions regarding: foreign filing licenses; mandatory […]
IPO’s Comments on Draft Amendments to Patent Law Implementing Regulations
Recent Research of USPTO
This is the first in a series of blogs on recent research. The USPTO just released its report on Trademarks and Patents in China, The Impact of Non-Market Factors on Filing Trends […]
MofCOM’s New Blocking Rule: A Dangerous Weapon or a Necessary Remedy?
On January 9, 2021, MofCOM released the Measures to Block the Improper Extraterritorial Application of Foreign Laws and Measures, (Docket Number 1)（中华人民共和国商务部令 二〇二一年 第1号）(the “Rule”). The Rule was promulgated with “approval from […]
Berkeley-Tsinghua Transnational IP Litigation Program Launches Soon
Berkeley and Tsinghua Law will co-host their third annual program on transnational IP litigation, focusing on the impact of the trade war on settlement of IP disputes.
Civil Procedure Flow Chart Available
I have posted a draft Chinese civil procedure flow chart that highlights unique aspects of China’s Civil Procedure Law. Please feel free to comment.
Due Process and ASI’s: Wuhan and Texas
There are now numerous IP cases where foreign judges have decided that Chinese courts failed to provide adequate notice or procedural transparency. Should concerns over a failure to comply with general notions of due process, including notice or access to counsel mandate that a court limit the impact of a foreign court’s anti-suit injunction?
The New Civil Code and the Metal Ox
China’s new Civil Code came into effect January 1, 2021. Here are some IP resources and a link to a translation.
Wuhan and Anti-Suit Injunctions
Wuhan, China is currently a destination jurisdiction for anti-suit injunctions (ASI) and anti-anti-suit injunctions (AASI). Although the first AASI was issued in a Wuhan maritime case in July 2017, the IP judiciary […]
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 […]
IPO’s Comments on Recent Patent Legislation: Untangling a Complex Web
IPO’s Comments on recently proposed examination guidelines and on the SPC’s patent linkage reveal an increasingly complex web of IP legislation which is dependent on clarity in higher level laws.
