Intellectual Property

The Supreme People’s Court (SPC) 2018 Annual Report on Intellectual Property serves as a tool not only for precedential value for the lower courts but also a guide that provides insight for predictable outcomes of future disputes.

Alibaba files for Hong Kong listing that could raise $20 billion; China’s state planner will encourage more debt-to-equity swaps; insurers likely to be allowed to up investments in Chinese A-shares; and official proposes beefing up penalties for IP violations.

Joe Simone of SIPS examines recent amendments to China’s Trademark Law which focus on bad faith trademark registrations, civil compensation for infringement and disposition of seized goods and equipment – changes intended in part to help resolve the pending trade dispute with the US.

Troy Rice of SIPS Hong Kong discusses the implications for foreign IP owners of the recent changes to foreign investment, cross-border tech transfer, and trade secrets laws, as well as cross-border agreement drafting considerations in light of these developments.

Government officials may not require technology transfers in granting administrative permissions

Trademark Law is revised adding bad faith registration provisions

Ericsson faces investigation over its intellectual property licensing practices; investors in CDRs of innovative enterprises will enjoy a three-year tax break on profits; and China issues a new rule to improve the supervision of elderly care services.

The revised Regulations remove provisions on restrictive clauses of technology import contracts

Mandatory infringement liability of the licensor is removed in technology transfer

China’s IP protection regime has been steadily improving, driven more by the needs to serve domestic innovation, than foreign concerns.