By: Richard Wigley ofKing & Wood ‘s Intellectual Property Group Perceptions (and Misperceptions) of IPR Lawsuits in the P.R.C. There is no question that many foreign companies operating in the People’s Republic of China struggle with the protection of their intellectual property rights ("IPR"). The concerns of companies with protecting their valuable IPR in a developing… Continue Reading
Tag Archives: IPR
China’s Indigenous Innovation Policy and its Effect on Foreign Intellectual Property Rights Holders
Posted in Intellectual PropertyBy Peng Heyue, King & Wood’s IP Department Since the end of 2009, King & Wood has received regular requests from a number of foreign enterprises for advice on China’s ‘Indigenous Innovation’ Policy. These firms are concerned that the new policy will either force the transfer of their IP rights to China or will influence… Continue Reading
Impact of PRC Tort Law on IPR Infringement
Posted in Intellectual PropertyBy Shi Yusheng and Xia Fan, King & Wood’s IP Litigation Department The newly promulgated Tort Law of the People’s Republic of China came into force on July 1, 2010. The Tort Law, positions itself as a fundamental doctrine in the protection of one’s civil and property rights in China. Intellectual property rights, such as copyrights,… Continue Reading
Bringing the U.S. patent regime closer to China’s? Bilski v. Kappos
Posted in Intellectual PropertyBy Kenneth Choy, Partner, King & Wood – Hong Kong The United States Supreme Court finally issued its decision on Bilski v. Kappos just before it shut down for the summer. As widely expected, the justices unanimously agreed that the Bilski claims are abstract ideas which are nonpatentable and the Court of Appeals for the Federal Circuit… Continue Reading
Protecting Pharmaceutical Intellectual Property Rights in China
Posted in Intellectual PropertyBy Mia Qu and Bessie Ye, King & Wood’s IP Department To many foreign companies, China remains attractive as the world’s largest potential market for pharmaceutical products. As such products rely heavily on the protection of intellectual property rights, it is essential for foreign companies in this field to adopt a combination of IP protection methods… Continue Reading
Challenges in IPR Arbitration in China
Posted in Dispute Resolution, Intellectual PropertyKing & Wood’s IP Legal Group in Beijing The Domain Name Dispute Settlement Center of CIETAC was established in December, 2000, and began operation on July, 2005, as the Internet Disputes Settlement Center. This Center accepts cases including cybersquatting of domain names (disputes on Chinese domain names, e.g. ".cn", and top-level general domain name, e.g.".com"),… Continue Reading
Unification of Jurisdiction in IPR-Related Civil, Criminal and Administrative Cases in China
Posted in Intellectual PropertyTraditionally civil, administrative and criminal IPR cases have been heard by the Intellectual Property, Administrative and Criminal Divisions of the courts, respectively. For instance, both the IPR Tribunals and the Administrative Tribunals of the Beijing No. 1 Intermediate People’s courts were entitled to exercise jurisdiction over IPR administrative cases involving patent and trademark rights grants… Continue Reading
Injunctive Relief Alternatives in IP Related Cases in China
Posted in Intellectual Property, IPOn April 21, 2009, China’s Supreme People’s Court promulgated its “Opinion on Several Issues Concerning Trials of IP Cases to Serve the Public Interest under the Current Economic Environment” In this Opinion, the Supreme People’s Court first clarifies that injunctive relief should not necessarily be granted in all intellectual property infringement cases. Under certain circumstances,… Continue Reading
Copyright Due Diligence Investigations in China: Legal Entity Work or Occupational Work?
Posted in Corporate, Intellectual Property, Mergers & AcquisitionsThe Chinese legislature created a hybrid from the different approaches adopted by civil and common law jurisdictions through the Copyright Law of the People’s Republic of China (the “Copyright Law") and the Regulations on the Implementation of the Copyright Law of the People’s Republic of China (the“Implementation Regulations"), and produced the twin concepts of “legal… Continue Reading
2009: New Trends in China’s Judicial Protection of Intellectual Property Rights
Posted in Intellectual PropertyAs 2009 begins and the economic crisis has hit most major markets globally, the Supreme People’s Court of the People’s Republic of China (“Supreme Court”) is studying how to adjust judicial policy on intellectual property rights (“IPRs”). The new policies will outline developing trends in the legal protection of IPR in China that may occur… Continue Reading
Intersect Between Intellectual Property Law And Competition Law
Posted in Antitrust & Competition, Intellectual Property, International TradeAt first glance, the goals of intellectual property law and competition law might appear to conflict. IPR owners are granted statutory rights to control access and charge monopoly rents to others for use of their rights. IPR owners may also use terms of IPR licences to regulate downstream activities of their distributors, such as imposing… Continue Reading