The Third Session of the 13th National People’s Congress (NPC) voted and passed the “Civil Code of the People’s Republic of China” on May 28, 2020. This law will come into effect on January 1, 2021. Part III is dedicated to contracts, with a significant portion dedicated to technology transfer and development contracts. The relevant Articles in Part III deal with required provisions in technology agreements as well as duties and obligations of the parties to a technology agreement.
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
China’s New Civil Law Adds Right of Publicity
The Third Session of the 13th National People’s Congress (NPC) voted and passed the “Civil Code of the People’s Republic of China” on May 28, 2020. This law will come into effect on January 1, 2021. Part IV of the law is dedicated to Personality Rights, which include portrait rights, which is similar California’s right of publicity and right of publicity for the deceased. Portrait rights in China were previously protected under the General Principles of Civil Law and the new law provides significant …
China’s New Civil Code Includes Punitive Damages in Intentional Intellectual Property Infringement
The Third Session of the 13th National People’s Congress (NPC) voted and passed the “Civil Code of the People’s Republic of China” on May 28, 2020. This law will come into effect on January 1, 2021. While referred to by the Chinese press as the Encyclopedia of Social Life, the new Civil Law includes many provisions related to intellectual property (IP). At first read, the most striking IP provision is for punitive damages for intentional infringement, which will be potentially …
Who Are the Top Grantees of Chinese Invention Patents in 2019?
According to an annual report by Incopat, Huawei had the most Chinese invention patents granted in 2019 with 4525 patents. Huawei also had a significant number of US utility patents granted – 2,418 patents putting Huawei in the #10 spot for U.S. patents in 2019 per a study by IFI Claims Patent Services. The top foreign corporate patent grantee in China for 2019 was Samsung Electronics with 1966 patents in the #7 spot. Samsung is #2 in the U.S. in …