China’s Supreme People’s Court Releases Draft Provisions of Evidence in Intellectual Property Litigation

Posted on Categories New Law, Rule or Implementing Regulation

In mid-June, the Supreme People’s Court released a draft of Certain Rules of Evidence in Intellectual Property Litigation (关于知识产权民事诉讼证据的若干规定(征求意见稿)) for comment.  The draft contains 53 articles covering evidence production by the litigants; investigation, collection and preservation of evidence; exchange of evidence and cross examination; and verification and affirmation of evidence.

China Releases Draft Amended Patent Law for Comment

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

China’s National People’s Congress has released Amendments to the Patent Law (Second Review Draft) for comment on July 3, 2020.  Comments are due August 16, 2020.  The draft amendment to China’s patent law will significantly increase damages by introducing punitive damages, raising the statutory damages, and increasing the statute of limitations.  Major amendments to the patent law focus on designs, damages, patent term adjustments, patent term extensions and patent linkage.

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.