David Kappos, Judge Randall Rader, Professor Eric Priest, and I submitted an amicus brief to the Beijing Intellectual Property Court in a patent term extension (PTE) case involving Takeda. The submission addresses conflicts between China’s Patent Examination Guidelines, higher-level Chinese legislation, international practice, and commitments under the U.S.–China Phase One Trade Agreement. We urge the Court to consider declining to apply the Guidelines where they conflict with higher-level law.
China IPR – Intellectual Property Developments in China
China: patents, trademarks, copyright, infringement, piracy, innovation policies
About Mark Cohen
Mark Allen Cohen (柯恒} is a Distinguished Senior Fellow, Director and Lecturer of the Asia IP Project at the Berkeley Center for Law and Technology at the University of California, Berkeley. In total, he has nearly 40 years of private sector, public sector, etc., in-house and academic experience on IPR issues in China, including numerous publications and awards. This is his private blog.
