By Alex Zhang and Xuelin Ma   King & Wood Mallesons’ IP Group


By 2015, the Chinese government plans to double the number of patent applications filed with the State Intellectual Property Office (“SIPO”), such that applications will increase from 1 million in 2010 to 2 million per year.[i]  According to SIPO’s “National Patent Development Strategy (2011-2020)” (the “Patent Strategy”), “China will rank among the top two in the world in terms of the annual number of patents for inventions.”[ii]  The Chinese government also expects that “the number of overseas patent applications filed by Chinese entities and individuals will double.”[iii]  However, this ambitious plan cannot relieve concerns about the quality of Chinese innovation.  The basis for these concerns is that “the vast majority of these applications are for utility model patents that merely undergo a preliminary examination for formalities rather than substance—a concept that does not exist in the US.”[iv]  According to a Shanghai-based patent attorney quoted by the Economist: “Patents are easy to file but gems are hard to find in a mountain of junk.”[v]
Continue Reading Recent Proposed Amendments to China’s Patent Law: Will it help to improve the enforceability of patents in China?

作者:尤杨 黄思哲 金杜律师事务所争议解决

Continue Reading 信托实务专题之(二):通过公证赋予担保合同强制执行效力问题探析

China’s rapid economic development and its emerging middle class allow franchises to operate in China under the following model:

The franchisor
• owns a well-known brand with a global reputation;
• has a strong desire to expand its brand in China;
• currently lacks sufficient capital and the traditional franchising model is no longer suitable to support such expansion.

The franchisee:
• has a well-developed distribution network;
• already owns second-line brands for the same or similar products which have already established certain market share in China;
• has ready capital and other operational resources.

By Cecilia Lou, Partner at King & Wood’s Intellectual Property Group

Continue Reading Franchising Challenges in China Part II