The China National Intellectual Property Administration published on June 2, 2020 what may be the first patent application covering a vaccine for the COVID-19 virus. The Institute of Military Medicine, Chinese Academy of Military Sciences in conjunction with CanSinoBIO, a Chinese vaccine maker, filed application CN202010193587.8 on March 18, 2020 and is entitled “A new recombinant coronavirus vaccine using human replication-deficient adenovirus as a vector.” The patent application is based on research later published in the Lancet showing their Ad5 …
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
China’s New Civil Code Includes Technology Transfer and Development Articles
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.
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 …