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IP Dragon editor
Publications Danny Friedmann
IP Dragon quoted in the media
- South China Morning Post
- InsideCounsel, Feb 1, 2012
- US ITC: China: Effects of Intellectual Property Infringement and Indigenous Innovation Policies on the U.S. Economy, May 2011
- Advertising Age, Oct 21, 2010
- Wall Street Journal, March 4, 2009
- Wall Street Journal, Oct 7, 2008
- Wall Street Journal, Sept 11, 2008
- Reuters June 5, 2008
- France24, July 7, 2009
- Popular Science, July 8, 2007
- Asia Sentinel, May 28, 2007
- Wanfang Data, affiliate of China's Ministry of Science & Technology), Sept 11, 2008
- World Trademark Review, December 6, 2010
- World Trademark Review, April/May 2010
- World Trademark Review, June 9, 2009
- World Trademark Review, March 13, 2009
- World Trademark Review, January 29, 2009
- World Trademark Review, January 15, 2009
- EUROCHAMBRES Understanding China, July 7, 2010
- Global Resources, November 19, 2010
IP Dragon cited in scholarly papers
- Andrea Wechsler, China’s WTO Accession Revisited: Achievements and Challenges in Chinese Intellectual Property Law Reform (March 3, 2011). European Yearbook of Int'l Econ. L., Max Planck Institute for IP & Competition Law Research Paper No. 11-03, 2011
- Jesse London, China's Approaches to Intellectual Property Infringement on the Internet, 38 Rugers Law Record 2010-2011
- Anders Dalsgaard, Protection of IP in PRC: Is it really as bad as it looks? Aarhus University Denmark, May 2011
- Demian Stauber, Zhongqi Zhou, 10 U.C. Davis Bus. L.J. 207 (2010)
- Geertje Hesselink, Intellectual Property rights in fashion in China and the knowledge of young Chinese designer on this topic,Master Thesis Cultural Economics & Cultural Entrepreneurship, 2010
- Sarah A. Baird, Contentious Issues: Copyright Reform in the Age of Digital Technologies, December 2009
- Marcus Meyer, Marken- und Productpiraterie in der VR China: Eine umfassende Darstellung des zur Verfugung stehenden Rechtsschutzes, Igel Verlag, 2008, p 80
- Donald Harris, The Honeymoon is Over: Evaluating the United States' WTO Intellectual Property Complaint Against China, Fordham International Law Journal, Vol. 32, 2009; Temple University Legal Studies Research Paper No. 2008-76
- J.M. Duncan, M.A. Sherwood, Yuanlin Shen, 7 J. Marshall Rev. Intell. Prop. L. 529 (2008)
- Dina Bronshtein, Counterfeit Pharmaceuticals in China: Could Changes Bring Stronger Protection For IPR and Human Health? 17 Pacific Rim Law and Policy Journal 439, 2008
- Sampsung Xiaoxiang Shi, Chinese Copyright Law, Peer Production And The Participatory Media Age: An Old Regime In A New World, Sydney U. Press, 2008
- M.J. Simburg, 42 Int'l Law. 467 (2008)
- P. Dervan, Journal of High Technology Law, Suffolk U. Law School, 2008
- Terence Stewart, Elizabeth Argenti, Philip Butler, The Crisis in IP Protection And China's Role in that Crisis, USCC Research Paper, May 2007
- Paul Jones, China - Judicial and Legislative Update 2005-2006, 4 International Journal for Franchising Law 11, 2006
Speaking Engagements
- China's influence on non-trade concerns on international economic law, Maastricht University, 19 and 20 January 2012
- 3rd Global Forum on Intellectual Property, Raffles City Convention Centre, Singapore 6 and 7 January 2011
- 7th Annual Asia-Pacific IP Forum 2010, Speaker on Social Networks and Trademarks, Sheraton Tsimshatsui, Hong Kong, September 1, 2010
- Lunch presentation at Baker & McKenzie's Hong Kong office with video link to Baker's Shanghai and Beijing office, 'Is China's Unique Patent Law Paving the Way for Innovation?', 5 August 2010
- 2nd Annual IPR seminar Speaker and panelist at 'Managing IPR as a Business Asset in China', China IPR SME Helpdesk, European Chamber of Commerce, Hong Kong Convention & Exhibition Centre, 25 June 2010
- Key Note Speaker Intellectual Property in China and the Netherlands, Rotterdam, 28 May 2008
SHENZHEN TIME
IPR in China Laws and Regulations
- Copyright Law Implementation PR of China 2002
- Copyright Law, Amended PR of China 2001
- Copyright Law Implementation PR of China 1991
- Provisions on the Implementation of International Copyright Conventions 1992
- Copyright Law PR of China 1990
- Copyright Collective Management Regulations PR of China 2004
- Copyright Administrative Punishment Implementation Rules 2009
- Trademark Law Implemention PR of China 2002
- Regulations on the Protection of the Right of Communication through Information Network PR of China 2006
- Measures for the Administrative Protection of Internet Copyright 2005
- Trademark Law PR of China 2001
- Trademark Law PR of China 1993
- Collective/Certification Marks 2003
- Collective/Certification Marks 1994
- Trademark Provisions on Claims for Priority 1985
- Well-known-trademarks Recognition/Protection 2003
- Implementation Madrid Agreement 2003
- TRAB Rules 2002
- Tort Liability Law 2009
- Product Quality Law 2000
- Punishment of the Crime of Fake or Substandard Commodities PR of China 1993 invalid
- Measures for the Administration of GI of Agricultural Products 2008
- Geographical Indication Products Protection PR of China 2005
- Administrative Measures Safety of Places of Origin of Agricultural Products 2006
- Implementing Regulations on Patent Law 2010
- Regulation on National Defense Patent 2004
- Standard for Application Patent Number 2003
- Opinion of the MOFTEC/SIPO on Strengthening Administration of Patents in Foreign Trade 2003
- Measures for Administrative Enforcement of Patent 2001
- Patent Law Implementation PR of China 2001
- Decision of the Standing Committee of NPC on Amendmend of Patent Law 2008
- Transitional Measures on Implementation of Amended Patent Law 2009
- Patent Law PR of China 2008
- Guidelines for Examination 2006
- Patent Law PR of China 2000
- Patent Law PR of China 1992
- Patent Law Implementing Regulations 1992
- Patent Law PR of China 1984
- Protection Measures for Intellectual Property Rights during Exhibitions PR of China 2006
- Science and Technology Progress Law PR of China 1993
- Anti-unfair Competition Law 1993
- Regulations of PR of China on Awards for Inventions 1978
- Regulations on the Protection of Types of Traditional Chinese Medicine (1993)
- Civil Law General Principles PR of China
- Civil Procedure Law PR of China
- Administrative Procedure Law 1989
- Software Protection Regulations PR of China 2002
- Administrative Procedure Law PR of China
- Customs Penalty Regulations PR of China 2004
- Customs Implementation Regulations PR of China 2004
- Customs Regulations PR of China 2003
- Customs Regulations PR of China 1995
- Customs Law PR of China 2001
- Criminal Law PR of China
- Criminal Procedure Law PR of China
- Unfair Competition Law PR of China 1993
- Anti Monopoly Law PR of China 2007
- Layout Design IC Regulations PR of China 2001
- Layout Design IC Implementation PR of China 2001
- Olympic Logo Regulations PR of China 2002
- Regulation on Radio and Television PR of China 1997
- Property Rights Law PR of China
- Constitution PR of China
- Legislation Law PR of China
- National IP Strategy PR of China 2008
- Action Plan PR of China 2008
- Action Plan PR of China 2007
- Action Plan PR of China 2006
- Action Plan PR of China 1995
- Foreign Trade Law PR of China 2004
- Foreign Trade Law PR of China 1994
- Regulations on the Protection of Types of Traditional Chinese Medicine (1993)
- Law on Guarding State Secrets 1988
Patent Law and Regulations in China
Judicial Interpretations by Supreme People’s Court and/or Supreme People’s Procuratorate
- Patent Civil Dispute Interpretation
- Trademark Civil Dispute Interpretation
- Copyright Civil Dispute Interpretation 2002
- Application of law to trial of cases over copyright disputes on networks 2004
- Adjudication/application of law to cases of copyright disputes on networks 2000
- Regulations on Protection of the Right to Network Dissemination of Information 2006
- Patent Law Pre-trial Cessation
- Trademarks Pre-trial Suspension Evidence Preservation
- Criminal Thresholds 2007 (Draft)
- Criminal Thresholds 2004
IPR Relevant Treaties in force in China
- WIPO Copyright Treaty (2007)
- WIPO Performances and Phonograms Treaty (2007)
- WIPO Singapore Treaty (signature 2007)
- UNESCO Convention on Diversity of Cultural Expression (2007)
- WTO TRIPs (2001)
- Working Party Report on the Accession of China (2001)
- WTO Dispute Settlement Understanding (2001)
- WTO Acession Protocol (2001)
- WIPO UPOV Convention (1999)
- UN Vienna Treaty Convention (1997)
- WIPO Strasbourg Agreement IPC June (1997)
- WIPO Locarno Agreement (1996)
- Sino-US IPR MOU Action Plan for Effective Protection/Enforcement 1995
- WIPO Madrid Protocol (1995)
- WIPO Budapest Treaty (1995)
- Agreement Establishing the WTO (1995)
- Patent Cooperation Treaty (1994)
- WIPO Nice Agreement (1994)
- WIPO Trademark Law Treaty (signature 1994)
- WIPO Patent Cooperation Treaty (1994)
- WIPO Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms (1993)
- WIPO Phonograms Convention (1993)
- Sino-US IPR Memorandum of Understanding 1992
- WIPO Berne Convention (1992)
- UNESCO Universal Copyright Convention (1992)
- WIPO Washington Treaty (signature 1990)
- WIPO Madrid Agreement (Marks) (1989)
- WIPO Paris Convention (1985)
- WIPO Establishing Convention 1980
- Costa Rica - China FTA (2011)
- New Zealand-China FTA (2008)
- Pakistan-China FTA (2006)
- China-Chile FTA (2005)
China’s IP Related Authorities
Hong Kong’s IP Ordinances
- Copyright (Suspension of Amendments) Ordinance 2001
- Copyright Ordinance
- Director of Intellectual Property (Establishment) Ordinance
- Layout-design (Topography) of Integrated Circuits Ordinance
- Organized and Serious Crime Ordinance
- Patents Ordinance
- Plant Varieties Protection Ordinance
- Prevention of Copyright Piracy Ordinance
- Registered Designs Ordinance
- Trade Descriptions Ordinance
- Trade Marks Ordinance
- Basic Law 1997
International Treaties Applicable to Hong Kong
Hong Kong’s IP authority
Macau’s IP Laws
Macau’s IP authority
Taiwan’s IP Laws
Taiwan’s IP Related Authority
IP Faculties and Research Institutes
- Berkman Center for Internet and Society
- Boston University IP
- Cardozo Intellectual Property and Information Center
- Centre d'Études Internationales de la Propriété Intellectuelle
- Dean Dinwoodey Center for Intellectual Property
- East China University of Politics and Law Shanghai
- Engelberg Center on Innovation Law and Policy
- Franklin Pierce Center of Intellectual Property
- High Tech Law Institute
- Institute for Information Law Amsterdam (IViR)
- Institute for IP and Information Law (U of Houston)
- IP Academy Singapore
- Kernochan Center for Law Media and the Arts
- Max Planck Institute of Intellectual Property Competition and Tax Law
- McGill Centre for Intellectual Property Policy Montreal
- Renmin University of China School of Law Beijing
- Samuelson Law, Technology and Public Policy Clinic
- Stanford Center for Internet and Society
Chinese blogs/sites/committees about IP in China
- Andrew C. Mertha
- BioIPR-COM
- Blawg Dog
- China IPR Law
- Danwei
- Intellectual Property in China 知识产权与中国发展
- Intellectual Property Rights Protection Alliance
- IP Menu
- IP Webcasting Hong Kong
- IP.People.com.cn
- IPR.gov.cn
- More blogs about IP in China
- Patent Agent in Hong Kong
- Peter K. Yu
- Quality Brands Protection Committee
- Southern Perspective Shenzhen
China Blogs
- All Roads Lead To China
- Asia Business Intelligence
- China and International Law
- China Business Law Blog 中國商法博客
- China Challenges
- China Economics Blog
- China Esquire
- China Hearsay
- China Herald
- China Journal Wall Street Journal
- China Law Blog
- Chinese Law Working Group
- Emerging Capital
- Experience not logic
- International Economic Law and Policy Blog
- Little Red Book
- Modern Asian History: Myths and Realities
- PanAsianBiz
- The China Game
- This is China! Blog
- Uculture
- WTO and China
- 中外对话 China Dialogue
IP Blogs
- Afro-IP
- Boek 9 (Dutch)
- CIPP McGill Blog
- Class 46
- Counterfeit Chic
- Intellectual Property Watch
- Invisible Gold in China
- IP Finance
- IP Kat
- IP Tango
- Ipeg
- IPR Transatlantic Collaboration
- nipc IP/it Update
- No to Fakes
- Philip Brooks'Patent Infringement Updates
- Professor Justin Hughes
- Small Business IP Protection and Management
- SPC Blog
- The Counterfeit Blog
- The Fire of Genius
- The Gray Blog
- The Trademark Blog
- Transnational Law Blog
- Vox PI
Blog Archive
IPR Holders Representatives/Anti-piracy/-counterfeiting
- ABAC-BAAN
- ACG
- AGMA
- AIM
- AIPPI
- All-China Patent Agents Association
- Alliance against IP theft
- APM
- ARCC
- Auteursrecht
- BASCAP
- BIG Web
- BPG
- Brand Protection Alliance
- BREIN
- British brands group
- BSA
- CAAST
- Coalition Against Counterfeiting and Piracy
- Coalition for intellectual property rights
- Danish Anti-Counterfeiting Group (Danish)
- ECAP II
- ECTA
- FACG
- FACT
- FAST
- Filmwereld
- IACC
- ICC Commercial Crime Service
- IDSA
- IFPI
- IIPA
- INDICAM
- Innovation Alliance
- IP Federation
- IP Institute
- IPOS
- IPR Helpdesk
- IRMA
- Marques
- MPA
- MPAA
- NACG (Norwegian)
- NMPA
- No to fakes
- Pro-Music
- RIAA
- SABAM
- SACG
- SIIA
- SNB-REACT
- Stop Fakes
- The Industry Trust
- Trade Marks Patents and Designs Federation
- Union des Fabricants
- World Cinema Alliance
Tags
- Apple
- Baidu
- Beijing No. 1 Intermediate People's Court
- brand
- BSA
- China
- China Daily
- China Hearsay
- copyright
- copyright infringement
- Copyright Law
- copyright piracy
- counterfeit
- counterfeit trademark
- customs
- EU
- geographical indications
- Hong Kong
- Huawei
- innovation
- intellectual property in China
- IP Dragon
- Japan
- Louis Vuitton
- Microsoft
- patent
- patent infringement
- patent law
- patents
- professor David Llewelyn
- SAIC
- Shenzhen
- Singapore
- SIPO
- statistics
- Supreme People's Court
- Taiwan
- trademark
- trademark infringement
- Trademark Law
- TRIPs
- WIPO
- WTO
- WTO Dispute Settlement
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Tag Archives: patent law
2020 Amendment to SPC’s Interpretation on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Cases (2)
This is part of a series that show what the 18 judicial interpretations on IP look like after their 2020 amendments that make them Civil Code-ready. See the first of the series here and the amendment on the other patent … Continue reading
Tagged Civil Code, contributory liability, judicial interpretation, patent law, Several Issues Concerning the Application of Law in the Trial of Patent Infringement Cases, Supreme People's Court
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China’s Amended Patent Examination Guidelines: Human Stem Cells that Developed Ex Vivo Are Patentable
On 23 September 2019, China’s National Intellectual Property Administration (CNIPA) launched the 2019 amended Patent Examination Guidelines (Chinese), which became effective on 1 November 2019. In comparison to the draft amendments of 4 April 2019, things have not much changed. … Continue reading
Tagged CNIPA, ethics, genetics, patent law, patent subject matter, patentability, SIPO
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Avoiding Waste: Patent Prosecution Highway pilots between China and Chile, and China and Czech Republic
According to Memoranda of Understanding between China’s State Intellectual Property Office (SIPO) and the Industrial Property Institute of Chile (INAPI), and SIPO and the Industrial Property Office of the Czech Republic (IPO-CZ), both combinations will start a Patent Prosecution Highway (PPH) … Continue reading
Tagged INAPI, IPO-CZ, patent law, PPH, SIPO
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Editorial of JIPLP on Hong Kong patent law
Short read: My editorial of the Journal of Intellectual Property Law and Practice (Oxford University Press) is online: ‘First thoughts on Hong Kong’s new patent system; second thoughts on its further medical use claims‘ (PDF).
Tagged Hong Kong, JIPLP, medical use claims, patent law, Swiss type claims
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IP Dragon Roar Podcast 2 “Spirit, Software, World of War Craft, Compulsory Licensing”
Here is IP Dragon Roar’s second podcast about “Spirit, Software, World-of-War Craft, Compulsory Licensing”. First Jamon Yerger and Matthew Kowalak discuss the following blog posts: Stir up people to innovate by slogan or by a change of culture … Continue reading
Tagged AMSC, Blizzard, compulsory licensing, copyright font infringement, copyright infringement, culture, Danny Friedmann, IP Dragon Roar, Jamon Yerger, Matthew Kowalak, Measures for Compulsory Licensing of Patent Implementation 2012, patent law, Patent Law 2008, podcast, Sinovel Wind Group, slogan, Supreme People's Court
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Pharma Alert Q&A: Viread China’s First Victim of Compulsory Licensing?
Innovative pharmaceuticals take notice. Reuters’ Tan Ee Lyn asserts that China “overhauled parts of its intellectual property laws” to allow generics companies to start exploiting patented medicines cheaply. In other words allowing compulsory licensing. Tan mentioned one medicine for HIV … Continue reading
Tagged AIDS, compulsory license, generics, Gilead Sciences Inc., HIV, IP Dragon Laws and Regulation Update, Measures on Compulsory License of Patent Exploitation, medicines, patent law, pharmaceutical industry, Tenofovir, Viread, WHO
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Hong Kong’s Original Grant Patent, Reciprocity And Hong Kong’s Future As Legal Hub
On the last day one can send his or her opinion on the patent registration system in Hong Kong to the government, you will find an overview of what we can expect and what we can hope for. The patent system … Continue reading
Tagged consultation paper., EPO, Hong Kong, Macao, Mainland and HK Closer Economic Partnership Arrangement, OGP, patent law, Professor Alice Lee, Professor Michael Pendleton, Singapore, SIPO, UKPO
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Sino-U.S. Investment Vehicle To Bring U.S. Medicines Into Chinese Pharmaceutical Market
In the U.S. the pharmaceutical industry has proprietary technology, but China has enough financial resources and a huge domestic market. Therefore an opportunity presents itself for those who can bridge these two markets. Michelle Jarboe McFee has an interesting article … Continue reading
Tagged Cleveland Bio Fund, Ernst and Young, investments, Jones Day, Newsummit Pharmaceutical Group, patent law, pharmaceutical industry
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Pfizer Starts R&D in China After IPR in China Challenges
Photo Danny FriedmannPerilous hills, but nice view. Climb worth the risk? As one of the first U.S. companies pharmaceutical giant Pfizer has decided to start doing R&D in China. This way the company can probably take advantage of indigenous innovation … Continue reading
Tagged patent invalidation, patent law, Pfizer, Viagra, 专利
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China Launched 10-Year National Patent Development Strategy
During the 4th China Patent Week China launched the National Patent Development Strategy (2011-2020). The strategy focuses on: International cooperation in patent protection and utilisation; preferential policies to encourage R&D by high-tech companies, research institutes and colleges; Overseas IP websites … Continue reading
Tagged China Daily, China Patent Week, Hao Nan, indigenous innovation, National Patent Development Strategy, patent law, patent trading, research and development
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The Implementing Rules of the Third Amended Patent Law Are Coming
At the end of December 2009, the State Council approved the Determination on the Revising of the draft version of the Implementation Rules of the Patent Law. Read more here. UPDATE: The Regulation will be effective February 1, 2010 and … Continue reading
Tagged patent law, Patent Law PR of China
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Revolutionary Lessons For China From Michael Carrier’s Book ‘Innovation for the 21st Century’
‘Innovation for the 21st Century, Harnessing the Power of Intellectual Property and Antitrust Law’ by Michael A. Carrier. Oxford University Press. Professor Michael Carrier of Rutgers University School of Law, wrote an excellent book about intellectual property rights (IPR) law … Continue reading
Tagged invalidation, Oxford University Press, patent law, post-grant opposition, professor Michael A. Carrier, revocation, Rutgers University
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EU Afraid To Share Sensitive Proprietary Info With China
The executive summary of the 2009 Position Paper of the European Union Chamber of Commerce about China shows the concerns the EU has about China’s alleged industrial-intervention policies and foreign investment restrictions. “The results of the European Chamber Business Confidence … Continue reading
Tagged amendment, patent law
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News From The Front Lines
Guest article and picture by Mikołaj Rogowski Writing that the all-front global IPR war between the owners and the infringers is well underway might sound a bit of a truism so I will simply skip to the notable news from … Continue reading
Tagged Best Buy, China Daily, China Post, Mikołaj Rogowski, patent law, Taiwan Microsoft, Wall Mart
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Professor Mossoff’s Historical Paper About Patent Thicket, Patent Troll and Patent Pool: Relevant Today
Can we learn from history? Or are we doomed to make the same mistakes over and over? Professor Adam Mossoff of George Mason University School of Law wrote an excellent paper about the Sewing Machine War of the 1850’s which … Continue reading
Tagged Elias Howe, George Mason University School of Law, Isaac Merritt Singer, patent law, patent pool, patent thicket, patent troll, prior art, professor Mossoff
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“China Will Reshape International Intellectual Property Policy”
I just read a great paper by Andrea Wechsler ‘Intellectual Property Law in the P.R. China: A powerful Economic Tool for Innovation and Development’, Max Planck Institute for Intellectual Property, Competition & Tax Law Research Paper No. 09-02, November 12, … Continue reading
Tagged Andrea Wechsler, IP policy, Max Planck Institute for Intellectual Property Competition and Tax Law, patent law, patent reform
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Discover Your Invention in China Or Lose Protection
Ms Patti Waldmeir has another interesting article about the upcoming patent law in China. She rightly zoomed in on the controversial articles. In February I posted a blog about the articles 49, 50 and 74 of China’s third amended patent … Continue reading
Tagged patent law, patent reform
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What Does The New Chinese Patent Law Have In Store?
Mr Charles C. Liu, Partner and Director of US Practice, Unitalen Attorneys at Law and Ms Jeanne J. Liu wrote a series of four installments (originally published in China Intellectual Property, 20:44-51, 2007) about the amendment of the Chinese patent … Continue reading
Tagged Charles Liu, China Intellectual Property, Jeanne Liu, patent law
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Patent Challenge in China: What’s the State of the Art?
The last quarterly newsletter of the European Patent Office (EPO) has an interesting article about the difficulty for foreign patent applicants to determine prior art (state of the art) in China, because all prior art in China is in Chinese. … Continue reading
Tagged EPO, machine translations, patent law, Philips, prior art, state of the art
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Let Your Protection Start Two Years Sooner: Filing Utility Models Together With Invention Patents
Article 2 Patent Law in China states: In this Law, “inventions-creations” mean inventions, utility models and designs. Patent Agent in Hong Kong, who blogs about his experiences working for China Intellectual Property (HK) Ltd., explains that if you file for … Continue reading
Tagged patent law
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Patent Law Draft About to be Adopted: How Will Patent Law Change?
China Daily’s reports via People’s Daily that China’s third revision of its patent law is drafted. On July 31, 2006 SIPO promulgated the Draft of Amendments to the Patent Law for public comments. Draft amendments to the law were handed … Continue reading
Tagged amendment, draft, patent law, SIPO, State Council
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Compulsory Licensing: Philips About to Bring A WTO Case Against Taiwan
Taiwanese company GigaStorage has a conflict with Dutch company Philips about a patent for the manufacturing of CD’s since 1999. After a complaint at the Taiwan’s Fair Trade Commission it applied for a compulsory license of Philips’ patent for the … Continue reading
Tagged article 31 TRIPs, compulsory license, GigaStorage, patent law, Philips, Taiwan, TRIPS compliance, WTO
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SIPO’s Patent ABC
SIPO is giving 19 answers to 19 questions about patents.On a whole it gives an fast overview of China’s patent law. It is peculiar that SIPO is giving information (Q&A number 19) about the Special Administrative Region of Hong Kong, … Continue reading
Tagged Hong Kong, patent law, SIPO
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