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.
The National People's Congress approves a new comprehensive Foreign Investment Law; China plans to streamline trademark registrations; IP lawsuits soar in China for a second year, and Macao comes under pressure to improve its gaming regulations.
Mainland China and Hong Kong/Macao make progress in reciprocal enforcement of judgments
