On July 22, 2020, Shanghai Higher People’s Court (“SHC”) issued its final judgment on an inventor remuneration dispute between Chen and Company A (“Company A”), and ordered the defendant to pay inventor remuneration to the plaintiff in an amount of RMB 150,000. This case follows another case decided by SHC in 2015 – Zhang v. Company B (“Company B”), where SHC restated the principle that a mutual contract or a lawful reward and remuneration policy overrides the default legal scheme, and granted a discretionary award for the inventor-employee after review of lawfulness and reasonableness and consideration of all relevant factors. This note is an overview of Company A and the current law and practices ended with our recommendations to employers.
Continue Reading Notes on a Recent Inventor Remuneration Dispute

According to pertinent provisions of the Chinese Patent Law, where any entity or individual thinks the grant of a Chinese patent right fails to comply with provisions since the date of grant and announcement of the patent, it or he may request Reexamination and Invalidation Examination Department of China National Intellectual Property Administration (CNIPA) to declare the patent right invalid.
Continue Reading Brief introduction of prioritized examination of patent invalidation proceedings in China

On June 15, 2020, Supreme People’s Court of the People’s Republic of China (the “SPC”) released a draft of the SPC’s Provisions on Evidence in Civil Proceedings Involving IP Disputes for public comments (the “Draft”).  The deadline for accepting comments is July 31, 2020.  The Chinese version is accessible through the SPC’s website[2] and an English translation is attached to this article for your easy reference.
Continue Reading OVERVIEW OF THE SPC’S DRAFT FOR COMMENTS FOR THE PROVISIONS ON EVIDENCE IN CIVIL PROCEEDINGS INVOLVING IP DISPUTES

On May 13, the Inter-Ministry Joint Conference Office of State Council of China for Implementing IP Strategy announced the Proceeding Plan of 2020 for Deeply Implementing the National IP Strategy and Accelerating to Build an IP Powerful Country (“the Plan 2020”), revealing reformation arrangements relating to IP for the year of 2020 on multiple aspects, including to deepen reformations in the fields relating to IP and to enhance protections for IP.
Continue Reading IP Joint Conference Office Announced Plan 2020, which will Enhance Protections for IP including Technology-related IP such as Patents from Multiple Aspects

The New Evidence Provisions has 89 amended or new provisions, and one of its significant improvements is the rules of electronic data. This note will provide an overview on the new rules related to electronic data evidence, alternatives of securing electronic data under the New Evidence Provisions, and our recommendations.
Continue Reading Securing Electronic Data Evidence in IP Cases under the New Evidence Provisions

By Tina Tai[1], Ben Ni[2], Xinyue Song[3], Wanli Ye[4], King and Wood Mallesons

On January 15, 2020, China and the United States (“U.S.”) entered Phase One Economic and Trade Agreement (hereinafter “Phase One Agreement”).  Chapter 1 of Phase One Agreement stipulates undertakings made by China in terms of Intellectual Property.  This article gives some insights from Chinese practitioners about improvements articulated in Phase One Agreement.
Continue Reading IP-related Overview of US-CN Phase One Trade Agreement

By Jing Xu, Chao Zhang King & Wood Mallesons’ Intellectual Property Group

On December 10, 2019, the IP Tribunal of Supreme People’s Court of China (“the Court”) announced the final judgement for the appellate case with respect to patent infringement dispute between the appellant Company A and the appellee Company B.
Continue Reading The IP Tribunal of Supreme People’s Court of China finds direct infringement for the manufacturer of products implementing the patented method in the fields of network and communication