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China Promulgates New Rules for Registration of Technology Import and Export Contracts
On February 1, 2009, China's Ministry of Commerce promulgated the amended Administrative Measures for the Registration of Technology Import and Export Contracts ("New Measures"). The New Measures have limited impact on the technology import and export industry although they have further clarified the responsibilities of the relevant commerce authorities and established the 60-day time limit for Contract registration. As the New Measures overlook or fail to provide effective administrative solutions for some practical issues, it is necessary for relevant authorities and Operators to work together to fine tune the New Measures and develop corresponding solutions.
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When Does Abuse of Intellectual Property Rights Become an Anti-monopoly Issue? —The Interpretation and Application of Article 55 of the PRC Anti-Monopoly Law
Prevention of the monopolistic abuse of intellectual property rights is vital in ensuring continued competition in Chinese industries. The entry into force of the Anti-Monopoly Law (AML) attempts to address this concern, while preserving the ability of enterprises to legitimately rely on their own intellectual property rights. It will be increasingly important for enterprises to be aware of the operation of the AML and how its remedies and safeguards differ from those already available under other laws and regulations.
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Recent Trends of IPR Trial in China
In recent years there have also been clear and strong voices from the judicial system that judicial protection should take lead in China's protection of intellectual property rights. However, it remains to see from the judicial trends in civil protection of IP in China whether or not China's judicial protection would turn back to a more conservative protection approach and take an obvious balance in protecting local economy and foreign IP right holders under this economic tsunami.
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Review of the Key Issues to the Third Amendment to the PRC Patent Law
The PRC Standing Committee of the National People's Congress has passed the final amendments to the Patent Law of the People's Republic of China, which will come into force on October 1, 2009. These amendments will change China's patent novelty standard and the requirements for design patents. Furthermore, the changes to the law will extend the scope of the patent infringement exemptions, and the amendments that clarify the rules for issuing a compulsory license for a patent. When these amendments are implemented they will substantially alter the practice of Chinese patent law.