Clik here to view.
Simulating the China IPR Enforcement case
For the past few years, I have been conducting moot court simulations of DS/362, the WTO US-China IPR “enforcement case” with students and colleagues at Fordham University and elsewhere. The heart of...
View ArticleClik here to view.
Why the Proposed Amendments to the Patent Law Really Matter … and Maybe Not...
It is rare that I can blog on a patent issue in China that has implications reaching far beyond intellectual property, to property rights and civil law, WTO and TRIPS, and even the role of the courts....
View ArticleClik here to view.
Peter Humphrey and the Uncertain Status of the Private Investigator
Private investigation firms are important for many aspects of commercial life in China, particularly given the weaknesses in China’s evidence gathering system and the high thresholds that exist for...
View ArticleClik here to view.
JCCT 2014 Winds Up – Joint Fact Sheets Now Released
The 2014 JCCT was hosted by the US government in Chicago, Illinois this year. Here is a link to the updated English fact sheet (released Dec. 29) (Chinese:第25届中美商贸联委会联合成果清单) that is now a joint fact...
View ArticleClik here to view.
WIPO, SIPO and USPTO: US-China Patent Filing Trends
Chinese Activity at WIPO A WIPO report released on March 19 noted that Huawei, with 3,442 published PCT applications, overtook Panasonic as the largest applicant in 2014. Qualcomm was the second...
View ArticleClik here to view.
The Xmas Phone Call of ’06 And What It Meant to IP Cooperation
The recent, successful launch of the ID5 (the Industrial Design 5) at the USPTO (picture above), with the participation of OHIM (Office for Harmonization in the Internal Market of the EU), JPO, KIPO...
View ArticleClik here to view.
Identical vs. Similar Trademarks in Criminal and Civil Adjudication
Both Judge Bao WenkJiong 包文炯 in Zhichanli, and James Luo on his blog, have recently published summaries of a 2014 case in Wuxi (无锡滨湖法院(2014)锡滨知刑初字第0002号刑事判决书) involving the definition an “identical”...
View ArticleClik here to view.
Should the NPC also consider Criminal Copyright Reform when it considers...
At this month’s National People’s Congress, an NPC spokesman noted that this year the NPC intends to address reform of the copyright law, which has been long delayed. However, reform of the substantive...
View ArticleUS Files Consultation Request at WTO on Chinese Technology Licensing Practices
Fresh on the heels of the Section 301 announcement, USTR on March 23, 2018 made a consultation request of China regarding China’s discriminatory licensing practices. This is the first step in...
View ArticleThe Widening Impact of China’s Publication of IP Cases
I recently had the opportunity at the Fordham IP Conference to discuss the potential impact of the continuing publication of court decisions by China’s courts since 2014, including their wide-ranging...
View ArticleDraft of Data Exclusivity Rules Released by CFDA
CFDA just released on April 25, 2018 its Public Comment Draft of Pharmaceutical Data Exclusivity Implementing Rules (provisional) 药品试验数据保护实施办法（暂行）征求意见稿 , available here (the web version is here) ....
View ArticleWhat the EU and US WTO IP Disputes Reveal About Trade Diplomacy
Two contrasting approaches to using the WTO for China-related IP issues involving technology licensing and forced technology transfer are now pending at the WTO. The United States initiated a WTO...
View ArticleCatching up With The Literature on Forced Tech Transfer…
(from the OECD report, discussed below) While President Trump has extended the truce on the trade war, academic and business debate around the nature of “forced technology transfer” (FTT) practices in...
View ArticleTHE TIER IS REVISED…
After nearly twenty years of advocacy, China has finally revoked certain offensive provisions of the Administration of Technology Import/Export Regulations (“TIER”), effective March 18, 2019. The...
View ArticleRIP VAN WINKLE RETURNS FOR THE TRADE WAR
A Modern Illustrated Political Fable By an Anonymous Folklorist Rip Van Winkle VIII, Esq, the great US government intellectual property and trade lawyer and descendant of the Hudson Valley Van Winkles,...
View ArticleFurther Trade-Responsive IP Legislative Developments May Be In the Works…
“When a stranger lives with you in your land, do not mistreat him. The stranger living with you must be treated as one of your native-born. Love him as yourself, for you were strangers in Egypt.”...
View ArticleThe 600 Billion Dollar China IP Echo Chamber
“Most people use statistics the way a drunkard uses a lamp post, more for support than illumination.” Mark Twain What are the losses due to “IP Theft” from China? On a recent trip to Washington, DC, I...
View ArticleUnpacking the Role of IP Legislation in the Trade War
Here is my attempt to unpack recent legislation and their relevance to the on-going trade dispute. In recent months, China has amended its Foreign Investment Law, the Technology Import/Export...
View ArticleUS Suspends IP Case Against China at the WTO. Quo Vadis Europa?
DS/542, the WTO case that the US filed against China regarding China’s legal regime for foreign technology transfers, has now been suspended by order of the Panel. The parallel case that was filed...
View ArticleCollaboration or Confrontation: Beyond the False Dichotomy in US-China IP...
Recently several articles have criticized the Trump administration’s strategic choice of confrontation over collaboration with China. Amongst them was an open letter published in the July 2, 2019,...
View Article
