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Trade Secret Protection in China Before, and After, the 2020 US-China Trade Agreement

We are delighted to share a recent journal article by our China IP expert, Paolo Beconcini, as published in the Review of Intellectual Property Law (RIPL). In this article, Dr. Beconcini provides a thorough and well-documented review of recent changes in China’s regulations on trade secret protection and enforcement. Many of these changes were made in … Continue Reading

Understanding IP in China: Design Patents

In the last of his recent series of blogs on IP in China, Dr. Paolo Beconcini discusses amendments expanding the scope of design protection in China and predicts a new flood of “junk” design applications. He discusses the basis and requirements for Chinese design patents, including issues relating to functionality. He also discusses some structural issues that … Continue Reading

Understanding IP in China: The Rules of Evidence

In his continued blog series, Dr. Paolo Beconcini and Elisa Li discuss the principles of evidence pertaining to IP disputes in China, including recent and substantial changes to those rules. In China, evidence must be collected prior to the filing of a case, as there is no discovery. The changes address commonly-occurring issues of authenticity, foreign … Continue Reading

New Procedures Indicate China’s Patent System is Now Focused on Quality, not Quantity, of Patents

As is often the case in China, a critical change in the IP system has taken place without the publicity of a new law but with an internal administrative document hidden on a government website. With an administrative Circular issued on January 27, 2021, the China IP office is rewriting the rules that led to … Continue Reading

Understanding IP in China: Patent Law and Trade Agreements

In his continued blog series, Dr. Paolo Beconcini examines recent developments in Chinese IP law together with their international causes and consequences. In a first post, he reviews some of the major changes to the Patent Law and assesses their likely impact on foreign businesses in China. In a second post, he reports on the Comprehensive Agreement … Continue Reading

Understanding IP in China: A Brief Retrospective

In the first of a new blog series, Dr. Paolo Beconcini examines the past and present of the Chinese IP regime and the various factors that influenced its development over the past several decades. Included are a short history of the US-China relationship, how it has impacted China’s reform of its IP regime, and what … Continue Reading

International Challenges Help China and the EU Find Agreement on Technology Transfer

On December 30, 2020, after seven long years of negotiations, China and the EU concluded in principle the negotiations for a Comprehensive Agreement on Investment (CAI). The frayed political and trade relations with the US, as well as Brexit, convinced the EU members to put aside objections related to human rights violations and close the … Continue Reading

Time to Act Against Chinese Parallel Import of Foreign Cosmetic Products

Parallel import is not easily tolerated by brand owners. Parallel import products, sometimes referred to as grey market goods, create market distortions, attack the official supply chain, double the risk of product liability and dilute trademarks. Brand-owners know, however, that trademarks are not a viable tool to stop parallel import of foreign cosmetic brands into … Continue Reading

The Chinese Supreme People’s Court Intervenes on Patent Issues, with Focus on Pharmaceutical Experiments

In April 2020, the Supreme Court of the People’s Republic of China published the amended draft Provisions concerning interpretation of certain norms of the patent law and its implementing regulations about the administrative litigation of patent rejections and invalidations.[1] The Provisions offer the Supreme People’s Court the opportunity to address new issues and matters not … Continue Reading

Changes in China Concerning the Trademark Law and the Trade Secret Provisions of the Anti-Unfair Competition Law Address Concerns of Western Countries

Recent cases of trademark theft involving Chinese employees of US companies and China’s ever rampant phenomenon of trademark squatting have emerged as very critical areas of dispute between China and several Western countries. On April 23, 2019, two new sets of regulations were adopted by China’s State Council addressing these concerns. Both introduce more effective … Continue Reading

Squire Patton Boggs Celebrates World Intellectual Property Day

The theme for this year is “Reach for Gold: IP and Sports.” Accordingly, the Global Intellectual Property & Technology Blog would like to acknowledge the contributions of all innovators and creators involved in sports, as well as the commitment of the professionals who help secure and enforce their intellectual property and resolve intellectual property issues. … Continue Reading

China Trademark Office Attempts to Curb Bad Faith Filings

Paolo Beconcini authored a piece looking at the China Trademark Office’s draft regulation, titled “Several Provisions on Regulating the Application for Registration of Trademarks,” that is now open for public comment. Beconcini wrote that this draft is the first attempt at providing a vetting system to spot and reject fraudulent trademark applications by malicious squatters and … Continue Reading

Recent Changes in Trademark Procedures in China

The beginning of 2019 brought about two important changes to trademark filing and prosecution proceedings in China. These changes will impact all brand owners. Update of the China Goods and Service Classification Effective January 1, 2019, the China Trademark Office (CTMO) has adopted a new 2019 version of the classification table. Goods and service specifications … Continue Reading

New Requirements for Foreign Companies filing Trademark Appeals in China

The Beijing IP Court has exclusive jurisdiction over appeals concerning rejection and invalidation of trademarks in China. To initiate an appeal to this Court, foreign companies must provide a notarized and legalized power of attorney and a legalized certificate of good standing of the foreign company. Until recently, it was an accepted practice to have … Continue Reading

More “NetCourts” Opening in China

In September 2018, Beijing inaugurated China’s second internet court, or “NetCourt,” just one year after China’s first NetCourt opened in the city of Hangzhou. Two more NetCourts have opened in Beijing and Guangzhou. What are these courts? What matters do they adjudicate? How are they relevant to foreign businesses?… Continue Reading

The China Rules of Evidence Series – Online Purchase of Infringing Products and Forum Shopping in Trademark Infringement Cases

In China, to succeed in an intellectual property (IP) infringement lawsuit, it is beneficial to have the case heard in a court that specializes in IP disputes (e.g., the IP courts in Beijing, Shanghai and Guangzhou). Securing a court that is away from the domicile of the infringer may also be beneficial, as it will … Continue Reading

China Reforms its IP Administrative System with the Creation of a New Super Administration

As part of larger institutional reorganization schemes, the Chinese government has recently issued a draft statute for the reform of the State Intellectual Property Office (SIPO). SIPO, until now an agency subordinated to the executive branch (i.e. the State Council), will be organized under a newly created super agency in charge of IP and product … Continue Reading
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