China Releases Draft Amended Copyright Law With Punitive Damages and Digital Rights Management Articles

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

The National People’s Congress of the People’s Republic of China has recently released Copyright Law of the People’s Republic of China (Draft Amendment) for comment.  Of particular is the availability of punitive damages of up to five times actual damages, an exponential increase in the maximum statutory damages from 500,000 RMB to 5,000,000 RMB (about $708,000 USD), and switching the burden of proof for proving damages.

3 Chinese Online Markets Listed in 2019 Notorious Markets List

Posted on Categories Copyright, Trademarks

The United States Trade Representative (USTR) released their annual Review of Notorious Markets for Counterfeiting and Piracy for 2019 on April 29, 2020 and included three mainland Chinese online markets in the online market section of the list.  Markets on the list are reported to engage in or facilitate substantial trademark counterfeiting and copyright piracy.  There is no penalty for being listed but the list has been used to encourage foreign companies and countries to crack down on piracy and …

Beijing Treaty on Audiovisual Performances Comes into Force in China Today, April 28, 2020

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

The first international intellectual property treaty concluded in China and named after one of China’s cities since the founding of the People’s Republic of China, the “Beijing Treaty on Audiovisual Performances” (“Beijing Treaty”) came into effect today, April 28, 2020.  Per the World Intellectual Property Organization (WIPO), “the Treaty is designed to help audiovisual performers – television and film actors, musicians, dancers, and others – many of whom live from job to job in precarious economic circumstances. The Treaty expands …

Patent Strategies For Expedited Chinese Approval Of Medical Devices

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

The National Medical Products Administration of China issued special review procedures for innovative medical devices in November 2018, effective December 1, 2018. The procedures enable expedited regulatory approval of innovative medical devices when the applicant owns or licenses Chinese invention patent applications directed to the medical devices seeking approval. Requests for participation in the special review program will be issued within 60 working days and have an opposition period of 10 working days. Once requests are approved, applicants can request …