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Channel: State Council Legislative Affairs Office – China IPR – Intellectual Property Developments in China
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New State Council Opinion on Improving Administrative/Criminal IPR...

On September 12 the State Council Standing Committee, chaired by Wen Jiabao, passed a new “Opinion on Concerning How to Improve The Work of Coordinating Administrative and Criminal Enforcement in...

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The Brave New World of Chinese IP Legislation – Trademarks

One thing is for certain about the current crop of revised IP laws in China: they are primarily being drafted to accommodate and anticipate China’s own needs, and not in response to international...

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Through a Glass Less Darkly: China’s March to Administrative Enforcement...

On November 20, the State Council, at an executive meeting chaired by Premier Li Keqiang, approved the “Opinion on Making Publicly Available According to Law Information on Administrative Penalties...

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State Council Legislative Affairs Office Releases NCA Draft of Copyright Law...

On June 6, the State Council Legislative Affairs Office (SCLAO) released the entire draft and explanation  of the copyright law revision that had previously been submitted by the  National Copyright...

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A Quick Report on the EIPC MIIT Conference Including SAIC’s IP Abuse Rules,...

EIPC MIIT’s Conference on Intellectual Property Standards and Anti-Monopoly Law convened on December 10 and 11 in Beijing.  The conference brought together about 150 international and Chinese experts,...

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Service Inventions A Focus Point Once Again…

Although there is nothing under a year old when I looked today on SIPO’s s special service invention webpage, the topic of how much freedom employers have in determining how to reward their...

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Legislative Plans and Updates For the Balance of 2015

The following is a summary of recent and some near-term legislative developments: According to its legislative plan (September 2, 2015), the State Council will accomplish the following during the...

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IPR Outcomes in the 26th JCCT

Here are the IP outcomes of the 26th Joint Commission on Commerce and Trade, concluded early in November 2015 in Guangzhou.  The IP-related outcomes appear primarily in three different places in the...

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Draft of Patent Law Revision Published for Comment

The State Council Legislative Affairs Office has published on December 2, 2015 the draft of the Chinese Patent Law revisions for public comment《中华人民共和国专利法修订草案(送审稿)》, along with an explanation prepared...

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Translation of Draft Patent Law Amendment

Further to my blog earlier this month, attached are unofficial translations of the draft Patent Law Amendments, as well as the SIPO Explanations about Draft Amendment to the Patent Law.  Comments on...

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GAI’S Comments on NDRC’s IP Abuse Guidelines

 “[T]he code is more what you’d call “guidelines” than actual rules” (Barbossa, Pirates of the Carribean, The Curse of the Black Pearl). Attached find the comments of the Global Antitrust Institute of...

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Beginning the Journey for Trade Secret Reform: the Recent AUCL Draft

A much awaited, proposed public draft revision to the Antiunfair Competition Law was released by the State Council Legislative Affairs Office on February 25, 2016. Comments are due by March 25, 2016....

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New State Council Decision on Intellectual Property Strategy For China as a...

On July 18, 2016, the State Council issued a new policy document,国务院关于新形势下加快知识产权强国建设的 若干意见-重点任务分工方案  — the “Opinion of the State Council on Accelerating the Construction of Intellectual Property Powers...

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Comments on Draft Guidelines on Disgorgement and Fines in AML Matters

Attached are comments of the ABA Sections of Antitrust and International Law  (ABA) and the George Mason University Global Antitrust Institute (GAI) on the draft guidelines of the National Development...

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SIPO/IP Agencies to Be Reorganized and Consolidated

Several Chinese news agencies have reported on by the State Council, the proposed reorganization now being presented to the National People’s Congress, which will significantly rearrange all Chinese...

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New CPC and State Council Opinions on Improving IP Protection

On November 24,  2019, the General Office of Communist Party of China and the State Council jointly released the Opinions Concerning Enhancing Intellectual Property Rights Protection (关于强化知识产权保护的意见)....

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IMPACT OF RECENT AML LEGISLATION ON THE IPR/ANTITRUST INTERFACE

This blog provides an update on recent legislative developments involving the interface between IP and China’s Anti-Monopoly law. On November 28, 2019, SAMR published the Anti-Monopoly Compliance...

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Draft NMPA and CNIPA Rules on Patent Linkage Released for Public Comment

China’s National Medical Products Administration on September 11, 2020, in conjunction with the China National IP Administration  released the draft “Implementation Measures for the Early Resolution...

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The Cart Before the Horse in China’s Patent Linkage Regime

Judicial involvement in this legislation is needed to harmonize the legal complexities of patent linkage which complex issues of patent law, civil law, administrative law, and pharmaceutical regulation.

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Transitioning to China’s New Patent and Copyright Laws on June 1: Where Have...

On June 1, 2021, both the revised Copyright Law and Patent Law will come into effect.  On May 24, 2021, CNIPA published its “Interim Measures on Disposition of Examination-Related Activities Post...

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