China Law & Practice

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Intellectual Property

March 2010

Reshaping the patents game
New implementing rules for the PRC Patent Law will have a significant impact on foreign companies’ China IP strategies. Issues relating to security review procedures and first-filing have been clarified, but penalties are tougher and uncertainties remain abundant

New Patent Law implementing rules to have a deep impact
CLP asked a range of lawyers from international firms to submit their comments and opinions on the revised Implementing Rules for the updated PRC Patent Law. Here is a selection of their comments

Courts get expanded jurisdiction for IP cases
China’s highest court has published two new sets of guidelines which affect the jurisdiction of lower courts in relation to IP cases. For foreign companies, this means more litigation and a need for increased vigilance

Enforcement at the Canton Fair: Challenges faced by rights owners seeking to assert IP rights

Taking active steps towards preserving biodiversity in India

February 2010

Interpretation on Several Issues Concerning the Application of the Law in Trials of Patent Infringement Disputes [Full Text Translation]
关于审理侵犯专利权纠纷案件应用法律若干问题的解释
The Interpretation gives further insight on the scope of protection of invention and utility model patents and the determination of infringement thereof, determination on an infringement of a design patent, defence on the ground of prior art or prior use, and confirmation of non-infringement.

Supreme People’s Court, Interpretation on Several Issues Concerning the Application of the Law in Trials of Patent Infringement Disputes [Legislation Digest]
最高人民法院关于审理侵犯专利权纠纷案件应用法律若干问题的解释
SPC Interpretation explains details of the Patent Law.

Interpreting the PRC Patent Law
China’s highest court has published a judicial interpretation of the PRC Patent Law which gives significant guidance on many issues facing foreign rights owners

Apples and pears? China’s commercial franchising and trade mark licensing regimes

Indian Parliament to discuss copyright legislation amendments

China Law & Practice Events

The 7th Annual Asia-Pacific In-house Counsel Summit
16 & 17 March 2010
Location: Hong Kong

The 5th Annual Asia-Pacific Dispute Resolution Summit
11 May 2010
Location: Singapore

The 7th Annual Asia-Pacific IP Forum
08 & 09 September 2010
Location: Hong Kong