China’s 4th Intellectual Property Law Court May Be Arriving Soon

Posted on Categories New Law, Rule or Implementing Regulation

According to a report in China’s IPRDaily.com, the 78th Chairman’s Meeting of the Standing Committee of the 13th National People’s Congress (NPC) suggesting reviewing the the Supreme People’s Court‘s proposal to establish the Hainan Free Trade Port Intellectual Property Court. The review would occur at the 24th meeting of the 13th NPC Standing Committee in Beijing from December 22 to 26.  If established, this would be the fourth Intellectual Property Court in China.

China Releases Draft Implementation Rules of the Patent Law

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

On November 27, 2020, the China National Intellectual Property Administration released the draft implementation rules for the amended Patent Law (专利法实施细则修改建议(征求意见稿)).  The draft rules cover changes required to implement the amended patent law, including patent term extension and adjustment, partial design patents, open licensing system and other areas.  The draft rules also add the right to restore priority.

China’s Second Draft of Amended Criminal Law Retains Trade Secret Provision Targeting Foreigners

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

On October 21, 2020, China’s National People’s Congress released a second draft of the amended criminal law.  Perhaps because of the U.S. Department of Justice’s (DOJ) increased enforcement of the Economic Espionage Act (EEA) targeting China as a beneficiary, the Chinese draft retains a provision for foreign-related trade secret theft from the first draft. Specifically, Article 219 will have a new paragraph, “For stealing, spying, buying, or illegally providing trade secrets to foreign institutions, organizations, or personnel, it shall be punished …

China’s Supreme People’s Court Releases Provisions on Evidence in Intellectual Property Civil Litigation

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

China’s Supreme People’s Court released Provisions on Evidence in Intellectual Property Civil Litigation (最高人民法院关于知识产权民事诉讼证据的若干规定) on November 16, 2020 and goes into effect November 18, 2020. Some of the highlights include potential burden shifting in methods of manufacture claims, evidence needed to file a declaratory judgment action for non-infringement, admission of foreign-originated evidence, evidence preservation, and court-appointed experts.