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.
Category: New Law, Rule or Implementing Regulation
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 …
China Releases the “Plan for Further Implementation of the National Intellectual Property Strategy to Accelerate the Construction of an Intellectual Property Power Country by 2020”
On May 15, 2020, the China National Intellectual Property Administration (CNIPA) published the “Plan for Further Implementation of the National Intellectual Property Strategy to Accelerate the Construction of an Intellectual Property Power Country by 2020.” The plan lists 100 points to accomplish the goal of becoming an “IP Power Country.” Some of the highlights include eliminating subsidies or rewards for utility model, design and trademark applications; reduce examination time for trademark and patent applications; reduce “abnormal” patent application filings and …