Intellectual Property Rights

Dear USCBC members interested in intellectual property (IP),

Earlier this month, China held its national Two Sessions, the annual legislative meetings of the National People’s Congress (NPC) and the National Committee of the Chinese People's Political Consultative Conference (CPPCC). Similar to last year, the work report presented at the NPC reiterated China’s commitment to strengthening IP rights protection. However, the report aligns improving IP protection in China with the country...

Dear USCBC members interested in intellectual property (IP),

China’s progress in implementing reforms to its IP system is among USCBC’s long-lasting focuses. As we continue advocating for more enforceable, effective IP protection on behalf of the American business community, we are writing to share noteworthy USCBC work and IP policy developments since the last update. Should you have any questions or concerns, please email June Xu ([email protected]) or Banny Wang ([email protected]...

Dear USCBC members interested in intellectual property (IP),

As part of USCBC’s continued efforts to monitor developments in the field of IP, I’m writing to share noteworthy policy developments observed since my last update. Please find more details in the section below and do not hesitate to reach out with any comments or questions.

Best regards,

Banny Wang Manager, Government Affairs and Business Advisory Services US-China Business Council Beijing Office [email protected]...

Dear USCBC members interested in intellectual property (IP),

In the first quarter of 2022, China took initial steps toward implementing its 14th Five-Year Plan (FYP) on IP Protection and Utilization, with a focus on IP rights and innovation promotion in emerging sectors. With regards to trade secret protection, the IP administration system is developing an internal framework to facilitate cross-agency coordination. On the...

Dear USCBC members interested in intellectual property (IP),

Since our last update, China has made robust efforts in implementing its new rules on patent linkage system for pharmaceutical patents and major administrative adjudication cases of patent infringement. Also, China National Intellectual Property Administration has released crucial, long-waited Guidelines on Trademark Review, which systematically goes through the procedures and standards for the review procedures for...

Dear USCBC members interested in intellectual property rights,

As part of USCBC’s regular monitoring of government and press sources, I would like to share our analysis of new draft rules, new administrative decisions to combat malicious patent and trademark registrations, and other key policy updates. Should you have any questions about these or other topics, please feel free to reach out to us at [email protected] and [email protected]. If we can provide additional information that...

Dear USCBC members interested in intellectual property rights,

In recent months, there have been several encouraging signals in the field of IP, including at the 25th Politburo meeting on IP and innovation, and in meetings held by the State Administration for Market Regulation (SAMR), the National Intellectual Property Administration (CNIPA), and the Supreme People’s Court (SPC). 

I would also like to share our analysis of new draft rules, the new online mechanism for IP...

Dear USCBC members interested in intellectual property policy,

In the last quarter of 2020, China made progress on several commitments to strengthen intellectual property (IP) protections from the US-China Phase One agreement. Below, please find a general overview of these developments, along with some initial analysis of ongoing IP reforms in China.

Of note, China recently released a new draft revision to the implementation rules of the Patent Law as an effort to align the...

Dear USCBC members interested in IP,

China has made steady progress on its IP Action Plan through a series of administrative and judicial documents.

In mid-August, USCBC submitted comments on the second draft amendment of the Patent Law to the National People’s Congress (NPC) after soliciting comments from member companies. We are also interested in your feedback on the draft Regulation on Protecting Trade Secrets, which is open for public comments until October 18. This...

Dear USCBC members interested in IP,

In light of China’s National Intellectual Property (IP) Week from April 20 to 26, a series of documents, initiative plans, and reports with respect to IP were released in batches. As USCBC monitors developments of China’s effort to protect IP rights, we want to share the following updates.

As always, your feedback and thoughts are welcome. Please do not hesitate to reach out ([email protected]) if you have any questions, would like to...

Dear USCBC members interested in IP,

Prior to the conclusion of the Phase One agreement, China had already announced many of the provisions on enhancing the protection and enforcement of intellectual property (IP) rights starting in November of last year in an effort to show that it is unilaterally implementing IP reforms for its own domestic interests. However, implementation of these commitments hinges on further amendments to the relevant IP laws and regulations and on details of...

Dear USCBC members interested in IP,

Prior to the conclusion of the Phase One agreement, China had already announced many of the provisions on enhancing the protection and enforcement of intellectual property (IP) rights starting in November of last year in an effort to show that it is unilaterally implementing IP reforms for its own domestic interests. However, implementation of these commitments hinges on further amendments to the relevant IP laws and regulations and on details of...

Dear USCBC members interested in IP:

In recent months, many positive developments on IP have happened in China. Prior to the expected signing of the “phase one” deal in mid-November, China has introduced a variety of regulatory changes to improve protection and enforcement of intellectual property rights (IPR). The Draft Implementing Regulations of the Foreign Investment Law recently released by the Ministry of Justice includes stronger and more detailed provisions on intellectual...

USCBC members interested in IP,

The Chinese government continues to emphasize the importance of improving intellectual property rights (IPR) protection and enforcement to optimize the overall business environment. This update provides brief summaries of several developments, including calls for improving the quality and efficiency of China’s patent examination standards, reducing trademark registration fees, and the roles and responsibilities of technical investigators in IP cases. It...

USCBC Members Interested in IP,
 
The last month has seen several regulatory developments that aim to improve China’s intellectual property rights (IPR) environment and that address US concerns at the heart of on-going negotiations. This week, the NPC Standing Committee approved amendments that strengthen IP and trade secrets protection in China’s Trademark Law, Anti-Unfair Competition Law (AUCL), and Administrative Law. More broadly, China’s IP regulator has continued to roll...

USCBC Members Interested in IP,
 
China’s treatment of intellectual property is receiving a great deal of attention from both US and Chinese regulators. This update includes a brief summary of China’s National Intellectual Property Administration’s (CNIPA) 2019 priorities, as well as recent patent, copyright, trademark, and judicial regulatory developments.
 
China is currently convening its annual legislative meeting which will lay out targets and priorities for...

Dear USCBC Members Interested in IP,

This update features a study on semiconductor patent cases, a sales ban against an American chip manufacturer, a study on forced tech transfer, and a note about EU’s filing against China at the WTO. Please feel free to direct any questions to Ricky Altieri [email protected].

Best,

Ricky

 
IP House Releases a Study of Semiconductor Patent Case

IP House, a database of court decisions heard in China, has...

Dear USCBC Members Interested in IP,

I write to you today with analysis from a Supreme People’s Court (SPC) reportpublished in late April, which summarized IP developments from 2017 and pledged to strengthen protections for rights holders. The report suggests increasing confidence in China’s judiciary and signals an intention to implement reforms long sought by the foreign business community. But, it fails to provide specific guidelines or timetables for the reforms.

A more...

Dear USCBC members interested in Intellectual Property Rights:

We recently came across a number of policy and news developments related to intellectual property rights as a part of USCBC’s regular monitoring of Chinese government and press sources.

NCAC LaunchesSpecial Action Plan to Protect Online Copyrights
SIPO Identifies First Batch of Pilot Cities for Intellectual Property Management Reform
President Xi Releases Statement on Improving Business-related IP...

Dear USCBC members interested in intellectual property rights,

We recently came across a number of policy developments related to intellectual property rights (IP) as part of USCBC's regular monitoring of government and press sources. Of note, the State Council published key tasks for provincial authorities to implement the national strategy for IP reform in a notice published on April 27. The notice details key tasks for provincial and municipal bureaus to...

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