The Standing Committee of the National People’s Congress promulgated the long-awaited amended PRC Copyright Law on November 11, 2020, which became effective on June 1, 2021. In tandem with the effective date of the amended PRC Copyright Law, the People’s Courts and the National Copyright Administration recently held some press releases, announcing model cases involving internet disputes and copyright protection. Some of the important announcements include the following:
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Measures Issued on Administrative Adjudication of Major Patent Infringement Disputes
The Standing Committee of the National People’s Congress promulgated the amended PRC Patent Law on October 17, 2020, and the new PRC Patent Law became effective on June 1, 2021. Article 70.1 of the new PRC Patent Law provides that “the patent administrative department under the State Council may, at the request of the relevant patentee or the interested parties, handle the patent infringement dispute that has a major impact nationwide.”
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Provisions Issued on Technical Investigators Participating in Disputes Over Patent and Layout Design of Integrated Circuit
On May 7, 2021, the China National Intellectual Property Administration (CNIPA) issued the Provisions Concerning the Participation of Technical Investigators in the Handling of Cases of Administrative Adjudications Involving Infringement Disputes over Patent and Layout Design of Integrated Circuit (Interim). Issuance of these provisions follows the Supreme People’s Court’s regulation on technical investigators for IP-related litigations and reflects the CNIPA’s determination to encourage the use of administrative recourse even in complex patent disputes. Some noteworthy articles include the following:
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The PRC People’s Courts and Governmental Authorities Issue White Papers and Model Cases regarding IP Protection
Following our last blog post, there have been numerous additional developments in the PRC IP space around World Intellectual Property Day. Those developments include the following press conferences and reports on the IP protection condition and identification of certain IP model cases in 2020:
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The PRC People’s Courts Issue White Papers and Model Cases Regarding Judicial IP Protection
During the last week, and to mark the World Intellectual Property Day (April 26, 2021), the People’s Court in several jurisdictions held press conferences to summarize the judicial IP protection progress made during 2020 and released lists of noteworthy cases. Some of the announcements made by the courts in key jurisdictions include the following:
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