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 New Civil Code Includes Technology Transfer and Development Articles

Posted on Categories New Law, Rule or Implementing Regulation

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

Posted on Categories New Law, Rule or Implementing Regulation, 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

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 …