Intellectual Property

New measures set out procedures for registration authority, documentation requirements and the timeframe for the recordation of patent licences in China. Foreign patentees should take note of several administrative points the rules outline

Recent lawsuits involving remuneration claims by inventors who felt slighted by their employers have highlighted an issue companies should take note of

A dynamic area of discussion in the Chinese legal community is the overlap between intellectual property (IP) rights and anti-monopoly rules. Though it remains a grey area of varying opinions without clear legal guidance, IP rights owners need to be aware of developments and protect their interests through careful structuring and strategy

A dynamic area of discussion in the Chinese legal community is the overlap between intellectual property (IP) rights and anti-monopoly rules. Though it remains a grey area of varying opinions without clear legal guidance, IP rights owners need to be aware of developments and protect their interests through careful structuring and strategy

In patent infringement cases with multiple infringers, courts have been applying inconsistent standards in establishing jurisdiction. The Supreme People's Court may need to step in to provide clear guidance to plaintiffs and defendants alike

Design can still be protected under Anti-unfair Competition Law after the patent expires.

Yearly report on key IP cases released

The 2010 Report selected 43 issues with broad guiding significance from 36 cases including: determination of the equivalence of technical features in a patent infringement dispute and protection of a design under the Anti-unfair Competition Law after the patent expires.

The Supreme People's Court recently released its annual IP report, clarifying how the law should be interpreted in various disputes and setting a standard for local courts to follow