Intellectual Property

Keeping track of the new Personal Data Protection Act
Companies in Taiwan are advised to re-visit their personal data collection policies to ensure compliance with the new Personal Data Protection Act. The new law is very detailed and provides a boost to the protection of privacy and personality rights

Investors encouraged to seek indigenous product qualification
Landing in the national catalogue could benefit

Leading the way: Supreme Court sets the IP rules
The Supreme People’s Court is enforcing IP in China, paving the way toward greater clarity on a range of IP issues and providing reassurance that this world superpower is a safe place for IP owners everywhere

Online accountability
Two sub-clauses in the new PRC Tort Liability Law determine for the first time the responsibility of network service providers regarding online infringement matters. But implementation and how the courts interpret unclear aspects of the clauses await testing

Supreme People’s Court, Annual Report on Intellectual Property Cases (2009) (Abstract) [Full Text Translation]
最高人民法院知识产权案件年度报告 （2009） （摘要）
The Report selects 37 intellectual property cases on which the Supreme People’s Court has rendered final conclusive opinions addressing issues such as the application of the doctrine of estoppel, retroactive effect of a decision declaring a patent invalid and determination of the legitimate use of a descriptive trademark.

Opinion on Several Issues Concerning the Trial of Administrative Cases Involving the Granting and Confirmation of Trademark Rights [Full Text Translation]
关于审理商标授权确权行政案件若干问题的意见
The Opinions address trademark issues involved in trial cases concerning pirate registration, similar marks and goods, generic names and prior rights.

Supreme People’s Court, Opinions on Several Issues Concerning the Trial of Administrative Cases Involving the Granting and Confirmation of Trademark Rights [Legislation Digest]
最高人民法院关于审理商标授权确权行政案件若干问题的意见
SPC sets standards for trying trademark cases.

Guarding your IP and enforcing your rights
IP specialists from Zhong Lun Law Firm discuss various approaches of intellectual property rights protection in China, and outline the relevant government agencies involved and their roles

Principle impact of Copyright Law amendments
The recently amended PRC Copyright Law offers several new clarifications, including providing protection to works that have not yet been authorised for dissemination or publication in China and the requisite registration of copyright pledges

Top China intellectual property firms
The leading IP firms in Beijing and Shanghai are showcased here. For other cities, please refer to the Chinalaw Profiles 2010 publication or check online at www.chinalawandpractice.com as the editorials will be released shortly.

Supreme People’s Court, Annual Report on Intellectual Property Cases (2009) (Abstract) [Legislation Digest]
最高人民法院知识产权案件年度报告 (2009) (摘要)
SPC issues conclusive opinions on typical IP cases.

Technology transfers into China
Protecting your IP and being aware of relevant regulations in China are essential when considering technology transfers to PRC partners. Three specialists discuss how to best guard your IP assets and structure a fair deal.

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

Implementing Rules for the PRC Patent Law (2nd Revision) [Full Text Translation]
中华人民共和国专利法实施细则 (第二次修订)
The Rules clarify terms and phrases of the PRC Patent Law, such as "genetic resource" and "patented pharmaceutical".

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

*Web-only Translation: PRC Copyright Law (2nd Revision) [Full Text Translation]
中华人民共和国著作权法 (第二次修正)
The Law is revised to emphasize China's regulation of publication works and reinforce the registration of pledge of copyright.

State Council, Implementing Rules for the PRC Patent Law (2nd Revision) [Legislation Digest]
国务院中华人民共和国专利法实施细则 (第二次修订)
All employers are now allowed to reach invention reward agreements with employees.

Supreme People’s Court, Circular on Revising the Jurisdiction Thresholds for Civil Intellectual Property Cases at First Instance of Local People’s Courts at All Levels [Legislation Digest]
最高人民法院关于调整地方各级人民法院管辖第一审知识产权民事案件标准的通知
Basic-level people’s courts can take more IP cases.

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

Taking active steps towards preserving biodiversity in India

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