China’s National People’s Congress Latest Work Plan Includes Patent and Copyright Law Amendments in 2020

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

On June 20, 2020, the National People’s Congress of the People’s Republic of China released their NPC Standing Committee 2020 Legislation Work Plan.  The plan includes amendments to the Copyright law, a draft of which was already released earlier this year, and the Patent law, a draft of which was released over a year ago. Additional legislative projects relating to intellectual property law include promulgating a new personal information protection law and a new data security law.

China’s Copyright Administration Issues Notice on Photographic Works

Posted on Categories Copyright

On June 11, 2020, the National Copyright Administration of the People’s Republic of China published the “Notice of the National Copyright Administration on Regulating the Copyright Order of Photographic Works.” The Notice confirms photographs are protected by the copyright law and specifically the exception to copyright protection under Article 5(2) for news does not apply to news-related photographs.

China’s State Administration for Market Regulation Releases National Plan to Combat Intellectual Property Infringement

Posted on Categories Copyright, Patents, Trademarks, Unfair Competition

On June 5, 2020 China’s State Administration for Market Regulation (SAMR), which regulates market competition, monopolies, intellectual property, and drug safety, released a national plan to combat intellectual property infringement.  The plan is officially entitled “Key Points of the National Work to Crack Down on Intellectual Property Infringement and the Production and Sale of Counterfeit and Inferior Commodities in 2020.”  The plan lists 35 points in 6 areas covering trademark, patent, copyright, and trade secret protection and makes special emphasis …

China’s New Civil Code Includes Punitive Damages in Intentional Intellectual Property Infringement

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

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 …