On December 10, 2020, China’s Supreme People’s Court released “Guidelines for Enforcement of Intellectual Property Judgments” (知识产权判决执行工作指南). The Guidelines have 29 Articles that cover the types of cases the Guidelines cover; enforcement of civil intellectual property cases; enforcement of intellectual property administrative cases; and enforcement of criminal intellectual property cases.
Category: New Law, Rule or Implementing Regulation
China’s 4th Intellectual Property Law Court May Be Arriving Soon
According to a report in China’s IPRDaily.com, the 78th Chairman’s Meeting of the Standing Committee of the 13th National People’s Congress (NPC) suggesting reviewing the the Supreme People’s Court‘s proposal to establish the Hainan Free Trade Port Intellectual Property Court. The review would occur at the 24th meeting of the 13th NPC Standing Committee in Beijing from December 22 to 26. If established, this would be the fourth Intellectual Property Court in China.
China Releases Draft Implementation Rules of the Patent Law
On November 27, 2020, the China National Intellectual Property Administration released the draft implementation rules for the amended Patent Law (专利法实施细则修改建议（征求意见稿)). The draft rules cover changes required to implement the amended patent law, including patent term extension and adjustment, partial design patents, open licensing system and other areas. The draft rules also add the right to restore priority.
China’s Second Draft of Amended Criminal Law Retains Trade Secret Provision Targeting Foreigners
On October 21, 2020, China’s National People’s Congress released a second draft of the amended criminal law. Perhaps because of the U.S. Department of Justice’s (DOJ) increased enforcement of the Economic Espionage Act (EEA) targeting China as a beneficiary, the Chinese draft retains a provision for foreign-related trade secret theft from the first draft. Specifically, Article 219 will have a new paragraph, “For stealing, spying, buying, or illegally providing trade secrets to foreign institutions, organizations, or personnel, it shall be punished …