In the face of the international financial crisis, China continues to focus on the importance of intellectual property (IP). On April 21, 2009, China's highest court — the Supreme People’s Court of the People’s Republic of China (PRC) — issued its Opinion on Certain Issues With Respect to Intellectual Property Judicial Adjudication Under the Current Economic Situation (Opinion) within the court system in China.
The Opinion, among various other issues, provides explicit guidance as follows:
Consistent with the National Intellectual Property Strategy Outlines published by the State Counsel on June 5, 2008, the Opinion emphasizes the balance between IP protection and public interests, and will certainly impact the protection of IP rights in China.
A full Chinese version of the Opinion is available at http://news.xinhuanet.com/legal/2009-04/24/content_11247180.htm.
Legal News Alert is part of our ongoing commitment to providing up-to-the-minute information about pressing concerns or industry issues affecting our clients and colleagues.
If you have any questions about this alert or would like to discuss the topic further, please contact your Foley attorney or the following individuals:
Sharon R. Barner
Chair, IP Department
Chair, Asia Practice
86 21 6100 8900
Senior Counsel, IP Department
86 21 6100 8900
Foley & Lardner LLP is licensed to operate in China as a foreign law firm. Under Ministry of Justice regulations, foreign law firms in China are permitted to advise clients on certain aspects of international transactions and to provide consultation concerning the impact of the Chinese legal and regulatory environment; foreign law firms in China are not permitted to practice Chinese law. The content of this communication does not constitute an opinion on Chinese law nor does it constitute legal advice, but is based on our research and our experience advising clients on international business transactions in China.