China’s State Administration for Market Regulation Releases Draft of Amendments to the Anti-Unfair Competition Law

Posted on Categories New Law, Rule or Implementing Regulation, Trade Secrets, Trademarks

On November 22, 2022, China’s State Administration for Market Regulation (SAMR) released the Anti-Unfair Competition Law of the People’s Republic of China ( Revised Draft for  Comments ) (中华人民共和国反不正当竞争法(修订草案征求意见稿)). The Draft mainly focuses on the digital economy with a new article 4 stating “Operators must not use data and algorithms, technology, capital advantages, and platform rules to engage in unfair competition.”  Articles focusing on trade secrets and other areas are also added.

China’s Supreme People’s Court Releases Typical Anti-Unfair Competition Cases of People’s Courts – 2022

Posted on Categories Case, Trade Secrets, Unfair Competition

On November 17, 2022 the Supreme People’s Court (SPC) of China held a press conference announcing the release of Typical Anti-Unfair Competition Cases of People’s Courts (人民法院反不正当竞争典型案例). Per the SPC, one of the main goal of the release is “strengthen the judicial protection of trade secrets and unify the standards of legal application” as two of the cases involved trade secret misappropriation – one in the pharma space and one in the semiconductor space.

China’s Supreme People’s Court Releases Draft Judicial Interpretation of Anti-Monopoly Civil Procedures for Comment

Posted on Categories New Law, Rule or Implementing Regulation, Patents

On November 18, 2022, China’s Supreme People’s Court (SPC) released an announcement soliciting public opinion on on the Draft Judicial Interpretation of Anti-Monopoly Civil Procedures (关于反垄断民事诉讼司法解释稿向社会公开征求意见的公告).  The Draft includes an article on reverse payments for generic pharmaceuticals and so may be of interest to foreign pharmaceutical companies facing potential competition from generics on patented pharmaceuticals.  The SPC stated it is releasing this draft to “strengthen the anti-monopoly judiciary, to hear monopoly civil dispute cases in a fair and efficient manner …

Forbidden: China Geo-Blocking Americans from Accessing Supreme People’s Court Website and Published Decisions

Posted on Categories Uncategorized

Update: A hearty thank you to China for making these sites accessible as of November 20, 2022! Recently, China has started geo-blocking Americans and other foreigners from accessing the Supreme People’s Court (SPC) website and China Judgements Online.  Attempting to access these sites leads to a 403 Forbidden error message with “reason:GeoBL.” However, the more-limited English version of the SPC’s website remains available, making it appear not to be a technical error.  Chinese websites for the China National Intellectual Property Administration, …