During the past several decades, China has made great efforts to establish and reform its IP laws. The most recent revisions — the Third Amendment to the Chinese Patent Law — will take effect on October 1, 2009. The new Chinese Patent Law will mark another significant milestone in the evolution of China’s IP policy to improve the protection of national and international interests in order to promote innovation and economic development.
This publication is dedicated to highlighting key changes and issues of importance to charting business strategy and IP management in China in the wake of the implementation of the new Chinese Patent Law.
Upping the Ante: New Chinese Patent Law Aims to Encourage Creativity and Innovation
, by Patricia Wu, Max Lin, and Yan Zhao, Foley & Lardner LLP
This article focuses on the implications of two changes directed toward improving the quality of Chinese patents: absolute novelty standards and conflicting patent applications. View full article: http://www.foley.com/publications/pub_detail.aspx?pubid=6427
Quality Control: Design Patent System Reform Under New Chinese Patent Law
, by Jo Xu and Max Lin, Foley & Lardner LLP
The new Chinese Patent Law will undergo several significant changes that will reform China’s design patent system and influence design patent practice. This article uses real-world examples to evaluate the substance and practical effects of the changes to China’s design patent system. View full article: http://www.foley.com/publications/pub_detail.aspx?pubid=6417
IPO Weakens Its Opposition to International Exhaustion in Connection With the Third Amendment, by Heidi Belongia, Foley & Lardner LLP
The Third Amendment to Chinese Patent Law includes a provision providing for broader international exhaustion of patent rights. Although the Intellectual Property Owners Association (IPO) opposed this provision, it did endorse the concept of international patent exhaustion for “unrestricted” sales of patented products. This article examines the potential implications of the Third Amendment and the IPO’s new position on international patent exhaustion, and discusses potential options patent owners may consider in order to protect their competitive position in view these changes. View full article: http://www.foley.com/publications/pub_detail.aspx?pubid=6419
Confidentiality Review Requirement Under the Third Amendment to Chinese Patent Law, by Max Lin and James F. Ewing, Foley & Lardner LLP
One of most significant amendments in the new Chinese Patent Law is the confidentiality review prior to filing patent application outside of China. This article discusses the new requirements for applicants. View full article: http://www.foley.com/publications/pub_detail.aspx?pubid=6421
A Comparative Analysis of Patent Law Reform in the United States and China, by Alex Liang, Foley & Lardner LLP
In 2009, each of the world's two largest countries by GDP (PPP), the United States and China, is preparing to reform its patent law system. The reforms in both countries would result in patent law systems more consistent with the rest of the world. View full article: http://www.foley.com/publications/pub_detail.aspx?pubid=6423
A Potential Trap for the Unwary: Inventor/Creator Remuneration and Reward Under the Third Amendment, by Max Lin and James F. Ewing, Foley & Lardner LLP
Foreign investors should be attentive to the legislative update to requirements for inventor/creator reward and remuneration as the Third Amendment proposes to extend the applicable scope of the standard for inventor/creator reward and remuneration to all Chinese entities, including wholly owned foreign entities or joint ventures established by foreign investors in China. Such expansion may pose a trap for the unwary, in which an obligation for reward and remuneration to an inventor/creator may be implemented where previously there was no obligation. View full article: http://www.foley.com/publications/pub_detail.aspx?pubid=6425
Please Join Us — Future Events
Join us for Foley’s upcoming Global Marketplace: Eye on China series programs, designed to offer helpful insight into China's complex and ever-changing legal and regulatory environment.
- Eye on China Web Series, Integrating IP and Business in the Face of China’s Patent Law Changes: The Web conference will explore the historic adoption and implementation of the Third Amendment to Chinese Patent Law as well as the intersection of increased patent protection in China and foreign investment, innovation, and business growth.
When: September 24, 2009, 12:00 p.m. – 1:00 p.m. Eastern
Register Today: http://www.foley.com/news/event_detail.aspx?eventid=2946
- Eye on China Roundtable Series — U.S. Programs: The U.S. roundtables will focus on the legal needs of U.S. companies investing and operating in China, and address issues related to business transactions and IP management in China after the implementation of the Third Amendment to Chinese Patent Law goes into effect.
Milwaukee: October 22, 2009
Chicago: October 27, 2009
San Diego: Winter 2009 (Date TBD)
Silicon Valley: Winter 2009 (Date TBD)
- Eye on China Roundtable Series — China Programs: The China roundtables will focus on the latest key U.S. IP law developments, including the 2009 patent reform bills, new USPTO leadership, and landmark cases. Topics addressing the implementation of the Third Amendment to Chinese Patent Law also will be included.
Shanghai and Shenzhen: Week of November 16, 2009
Legal News: China — Special Issue Eye on China Newsletter is part of our ongoing commitment to providing legal insight to our clients and our colleagues preparing to do or doing business in China. If you have any questions about this publication or would like to discuss the topics presented here, please contact your Foley attorney or the following:
Sharon R. Barner
Chair, Intellectual Property Department
Chair, Asia Practice
86 21 6100 8900
Senior Counsel, Intellectual Property 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.