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China Vows to Further Consolidate IP Protection Measures
December 6, 2019, Covington Alert
The General Office of the CPC Central Committee and the General Office of the State Council of China jointly published Opinions on Strengthening Intellectual Property Protection (“Opinion”) on November 24, 2019, with the purpose of effectively deterring the occurrence of IP infringement by 2020. The Opinion provides specific and concrete guidelines to strengthen IP protection and addresses a series of long-standing issues in IP litigation that frequently prevents right holders from enforcing their rights. These issues include difficulty in obtaining evidence, length of proceedings, high litigation cost, and low monetary damages. This is a clear effort to move China forward as a more friendly judicial and business environment for IP right holders, including international companies with IP interests in China.
January 10, 2019, Covington Alert
On January 4, 2019, the Standing Committee of the National People’s Congress ( “NPC”) of China published a draft amendment to the Patent Law (the “Draft”) for public comment. While this draft is not yet final, it indicates China is taking concrete steps to help patent holders with the exercise of their rights.
November 27, 2018, Covington Alert
On October 26, 2018, the Standing Committee of the People’s National Congress of the People's Republic of China (PRC) passed Decisions on Several Procedural Issues Relating to Patent and Other Intellectual Property Cases (the Appellate Rules), which will give the Supreme Court jurisdiction over patent and other complex technical IP cases (the Designated Subject ...
March 15, 2018, Covington Alert
China has continued to develop its adjudicatory framework for intellectual property disputes with the establishment of three Intellectual Property Tribunals (“IP Tribunals”) this month. This reform began with the establishment of three specialized IP Courts in Beijing, Shanghai, and Guangzhou at the end of 2014, and has been furthered with the establishment of ...