China signed its first FTA with a European country, Switzerland on July 6, 2013. The FTA is a significant advance in China’s trade diplomacy with the West since China’s FTA with New Zealand (2008). Although Switzerland is not a member of the EU, its close legal, economic and cultural relationships with the EU and its participation in the European Patent Convention, could have a positive impact on harmonizing Chinese practices with European practices in certain areas. Based on the still skeletal outline provided by the news release from the Swiss government (the release follows the post and the full text has now been release), the FTA seems to advance several important IP interests of Switzerland. Continue reading
The American Chamber of Commerce in China (AMCHAM) released its 2013 China Business Climate Survey Report. The report is a compilation of survey feedback received from 325 respondents in varying sectors: 31% Services; 28% Manufacturing; 22% Other; 10% High-tech; 8% Information technology and information services; 1% Retail, distribution, and logistics. Continue reading
Winter semester is back in session. How would you fare on this pop quiz on Chinese IP?
True or false:
1. The first patent filed in the United States by someone from China was by a “subject of the Emperor China,” prior to 1911. (Hint: the answer can be found on this blog)
2. The first bilateral agreement between the United States and China on IP matters was the Treaty of Friendship Commerce and Navigation in 1979.
3. One of the principal exports of the United States to China was a traditional Chinese medicinal product, and was the subject of an early trade war.
4. The first case involving imports of infringing copyrighted works into the United States from China occurred in the early 1800’s. (Hint: the answer can be found on this blog)
5. The Chinese trademark office has been the largest office in the world for over 10 years (in terms of applications).
6. China has more per capita civil copyright litigation than the United States, and more patents and TM litigation than the US too.
7. A large share of the IP litigation in China is filed by foreigners. (Hint: the answer can be found on this blog)
8. China’s property law was enacted years before its intellectual property laws, helping to pave the way for market reform.
9. China’s State Intellectual Property Office is like the USPTO and grants trademarks too.
10. China does not have any legal provisions on exports of counterfeit goods that are beyond the bare minima required by the WTO.
Click through for the answers!
American Bar Association Section of Intellectual Property Law and Section of International Law have issued draft comments on the Draft Regulatory Measures on National Standards Involving Patents.
I recently gave a talk on service inventions in China – inventions made while in the employ of a company, using its materials and tools. SIPO has published a draft of its proposed service invention regulations for public comment, which I have separately blogged about. Comments are due December 3. My blog on this issue resulted in a new high here for hits, which I believe shows the depth of interest in this issue. Continue reading