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General IP News

  • Openings, Comings and Goings
    The foreign diplomatic team on IP in China is once undergoing several mid-year changes.  Some of the prior changes were reported here, here and here. There is now a cohort of foreign diplomats who had been hired to work exclusively on IP issues in China, which have included France, the ... Read More
    Source: China IPRPublished on 2020-06-30By Mark Cohen (柯恒)
  • Berkeley Webinar Recap
    China Daily just published an article on June 23 on our June 17, 2020 webinar on patent eligibility. The publication also coincided with a blog by Prof. Adam Mossoff on opposition to Section 101 reform in the United States.  The webinar provided a counter-intuitive insight into important areas of patent ... Read More
    Source: China IPRPublished on 2020-06-23By Mark Cohen (柯恒)
  • The Darlie Trademark And BLM
    In light of the social activism in the United States, including Black Lives Matter (BLM), Hawley & Hazel, and its joint venture partner, Colgate Palmolive has recently decided to “review and evolve” their branding strategy for their famous-in-Asia Darlie trademark and logo for toothpaste and related products.  This long-established mark ... Read More
    Source: China IPRPublished on 2020-06-23By Mark Cohen (柯恒)
  • New Draft JI on Enforcement on Criminal IP Laws, Especially Trade Secrets
    China’s judicial organs (the Supreme People’s Court [“SPP”] and Supreme People’s Procuratorate [“SPP”]) continue to work on trade secret related judicial developments, with the release on June 17, 2020 of the “Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Infringement of Intellectual Property ... Read More
    Source: China IPRPublished on 2020-06-17By Mark Cohen (柯恒)
  • More Encouraging News of Trade Secret Reform… But Is It Always Good for the Foreign Community?
    James Pooley posted a great blog on IPwatchdog on the recently released draft judicial interpretation on trade secrets (the “Trade Secrets JI”).  In his blog, “Has China Finally Embraced Trade Secret Protection ”,  Mr. Pooley discusses aspects of the draft JI that embrace or expand upon US practices including: “combination ... Read More
    Source: China IPRPublished on 2020-06-16By Mark Cohen (柯恒)
  • China IP Position at the Department of Commerce
    The International Trade Administration (ITA) at the US Department of Commerce is seeking to recruit a Senior International Trade Specialist to serve as its intellectual property (IP) policy Team Lead. The announcement, at the GS-14 level, and is now posted to USAJOBS.gov.  It is open now through June 23.  Here ... Read More
    Source: China IPRPublished on 2020-06-15By Mark Cohen (柯恒)
  • China Patent and Licensing Discussions – Week of June 14th
    On Wednesday, June 17th at 4:30 PM PST,  former Chief Judge Paul Michel (ret.) will be moderating a star-studded panel hosted by Berkeley Law on one aspect of one of the great ironies of this current moment in US-China IP relations: the weakening of the US IP system with respect ... Read More
    Source: China IPRPublished on 2020-06-14By Mark Cohen (柯恒)
  • 100 Priority IP Projects for 2020
    What does the recently released CNIPA document listing “100  Projects in 2020  to Deeply implement the National Intellectual Property Strategy to Accelerate the Construction of the Intellectual Property Powerful Country Promotion Plan” (2020年加快建设知识产权强国推进计划提出 100项具体措施) (the “100 Project List”) (May 28, 2020) add to the discussion around where China is headed ... Read More
    Source: China IPRPublished on 2020-06-13By Mark Cohen (柯恒)
  • Three New Draft JI’s
    On June 10 (Beijing time), the Supreme People’s Court published three new draft judicial interpretations (JI’s) for public comment.   Comments are due by July 27, 2020. The three draft judicial interpretations are: “Interpretation on Several Issues Concerning the Application of Law in the Trial of Civil Cases Infringing on Trade ... Read More
    Source: China IPRPublished on 2020-06-10By Mark Cohen (柯恒)
  • Public Interest and Private Rights in the Copyright Law Amendments
    June 13 is the last day for submitting comments to China’s National People’s Congress on proposed revisions to China’s Copyright Law.   In this blog,  I discuss draft provisions in the Copyright Law that reflect vague concepts of “public interest” and could thereby grant excessive discretion to China’s copyright enforcers, which ... Read More
    Source: China IPRPublished on 2020-06-07By Mark Cohen (柯恒)
  • An Unwelcome Addition and A Welcome Subtraction in the Technology Transfer Provisions of the New Civil Code
    The Civil Code of China has now been enacted by the National People’s Congress (eff. January 1, 2021).  As previously discussed in this blog, the Civil Code now incorporates the technology contract provisions of the former Contract Law, with certain revisions.    There are two significant changes in the enacted ... Read More
    Source: China IPRPublished on 2020-06-02By Mark Cohen (柯恒)
  • Antitrust, Licensing, Standards, Data and E-Commerce: Plenty for Everybody
    The US-China trade war began with disputes over the transfer of technology to China, including forced technology transfer.  How much has the licensing environment improved for the foreign business community? How will China’s developing antitrust regime affect foreign businesses seeking to monetize their IP in China?  Considering joining us at ... Read More
    Source: China IPRPublished on 2020-05-30By Mark Cohen (柯恒)
  • Northern District & Seventh Circuit Require Face Masks
    Judges Wood & Pallmeyer issued a joint order requiring that everyone in public spaces of the Northern District and Seventh Circuit wear face masks or coverings. The order includes all public spaces including the lobby, elevators, restrooms, public corridors and also courtrooms, absent direction otherwise from the presiding judge. The ... Read More
    Source: CHICAGO IP LitigationPublished on 2020-05-28By R. David Donoghue
  • Northern District of Illinois Fourth Amended COVID General Order — No Additional Extension
    Yesterday, Tuesday, May 26, Chief Judge Pallmeyer entered a Fourth Amended General Order updating the first three (which extended all civil deadlines 28 days, an additional 21 days and 28 more days, for 77 total days) and further addressing the “Coronavirus COVID-19 public Emergency.” The fourth amended order did not ... Read More
    Source: CHICAGO IP LitigationPublished on 2020-05-27By R. David Donoghue
  • First in the Series: Upcoming Webinar on Pharmaceutical IP Issues in China
    On May 27, 2020, Berkeley Law will be hosting the first in a seven-part series on Chinese IP.  The series will provide CLE credit.  Attendees are also eligible for a certificate upon completion of the series.  You can choose to attend individual classes without the certificate, or the series ($50.00/$299.00).  ... Read More
    Source: China IPRPublished on 2020-05-25By Mark Cohen (柯恒)
  • First in the Series: Upcoming Webinar on Pharmaceutical IP Issues in China
    On May 27, 2020, Berkeley Law will be hosting the first in a seven-part series on Chinese IP.  The series will provide CLE credit.  Attendees are also eligible for a certificate upon completion of the series.  You can choose to attend individual classes without the certificate, or the series ($50.00/$299.00).  ... Read More
    Source: China IPRPublished on 2020-05-25By Mark Cohen (柯恒)
  • RIPPLES IN STILL WATER: RECENT DEVELOPMENTS ON IP IN CHINA
    The Chinese IP environment continues to pursue its own domestic needs-driven agenda.  Criminalization of trade secret matters, while an area of concern to the United States, is also important to China’s development of an innovative economy.  Certain improvements in China’s criminal trade secret regime are also contemplated in the coming ... Read More
    Source: China IPRPublished on 2020-05-25By Mark Cohen (柯恒)
  • INTA’s 2020 Annual Meeting & Leadership Meeting Goes Virtual
    The International Trademark Association (INTA) announced today that it will be transforming its 2020 Annual Meeting & Leadership Meeting in November into an all-virtual event, in response to the continuing uncertainty surrounding the worldwide COVID-19 pandemic. In April, INTA announced that it would hold a first-ever combined Annual Meeting & ... Read More
    Source: Afro IPPublished on 2020-05-21By Afro Leo
  • Resources for the Week of May 18, 2020
    On May 20, 2020 (4:30 PM PST), Berkeley will be hosting the next in our China series: Following the Data: What the Latest Research Says about China’s Legal and IP Environment. The webinar will cover data-driven research on Chinese legal developments and how these tools can provide strategic insights.  The ... Read More
    Source: China IPRPublished on 2020-05-19By Mark Cohen (柯恒)
  • Navigating NAD’s new fast track program for challenging advertising
    “Navigating SWIFT – An Inside View of NAD's Fast-Track Process”, presented by Laura Brett, Vice President, NAD, BBB National Programs, and moderated by David Mallen, Co-Chair, Retail and Consumer Brands, Loeb & Loeb LLP. [Despite its cutesy name, I am hopeful that NAD’s SWIFT(Single Well-defined Issue Fast Track) will be ... Read More
    Source: TushnetPublished on 2020-05-13By Rebecca Tushnet
  • Some China IP Resources While Sheltering in Place
    An unofficial translation of the proposed Copyright Law amendments that have been made available for public comment, is available here.  Thanks to Prof. Jiarui Liu for sharing his translation! All translations are unofficial and are being provided for the convenience of non-Chinese readers, with no representations and warranties whatsoever. The ... Read More
    Source: China IPRPublished on 2020-05-12By Mark Cohen (柯恒)
  • “100% Natural” might be deceptive as applied to food w/bioengineered ingredients
    Lee v. Conagra Brands, Inc., No. 17-2131 (1st Cir. May 7, 2020) Lee alleged that Wesson’s supposedly “100% Natural” vegetable oil contained GMOs, which she regarded as “quite unnatural,” in violation of Mass. Gen. Laws ch. 93A.  She also alleged that surveys showed that many scientists and consumers don’t consider ... Read More
    Source: TushnetPublished on 2020-05-11By Rebecca Tushnet
  • A few thoughts on the Booking.com argument
    The Justices were engaged and asking the right questions, despite everyone's use of "trademark" as a verb to mean "register." With a putatively generic term the equation is perhaps understandable since if it is unregistrable it will also be unprotectable as a trademark, albeit unfair competition remedies may still be ... Read More
    Source: TushnetPublished on 2020-05-07By Rebecca Tushnet
  • Forthcoming article: Michael A. Carrier & Rebecca Tushnet, An Antitrust Framework for False Advertising
    Michael A. Carrier & Rebecca Tushnet, An Antitrust Framework for False Advertising, Iowa Law Review, ForthcomingAbstract:Federal law presumes that false advertising harms competition. Federal law also presumes that false advertising is harmless or even helpful to competition. Contradiction is not unknown to the law, of course. This contradiction, though, is ... Read More
    Source: TushnetPublished on 2020-05-07By Rebecca Tushnet
  • circumventing insurance can violate consumer protection law
    Franks v Sykes, No. W2018-00654-SC-R11-CV, 2020 WL 2097544, -- S.W.3d --- (Tenn. May 1, 2020)I usually try to stick to advertising-related UDAP claims but this practice was just so astonishingly awful that I could not resist.  Plaintiffs were injured in car accidents and received hospital treatment. Instead of billing plaintiffs’ ... Read More
    Source: TushnetPublished on 2020-05-06By Rebecca Tushnet
  • Reading List: Greg Klass on false advertising law as private law
    Gregory Klass, FalseAdvertising Law and New Private Law, Forthcoming as: False Advertising Law, in Oxford Handbook of New Private Law (Andrew Gold et al. eds., Oxford Univ. Pr.) One might reasonably wonder why a chapter on false advertising law appears in a volume on private law theory. In the United States ... Read More
    Source: TushnetPublished on 2020-05-06By Rebecca Tushnet
  • Draft Copyright Law Up for Public Comment
    The National People’s Congress released a draft of the Copyright Law for public comment.  Comments are due by June 13, 2020.  The NPC comments on the draft are found here.  The NPC Observer’s concise summary of the legislative history is here.   I had discussed the earlier draft, along with the ... Read More
    Source: China IPRPublished on 2020-05-05By Mark Cohen (柯恒)
  • 9th Circuit panel divides on evidence of injury in false advertising case
    VBS Distribution, Inc. v. Nutrivita Laboratories, Inc., --- Fed.Appx. ----, 2020 WL 2086557, No. 18-56317 (9th Cir. Apr. 30, 2020)The parties compete in the market for nutritional supplements and television programs. VBS sued for Lanham Act and California state unfair competition law violations, as well as other claims, and the ... Read More
    Source: TushnetPublished on 2020-05-04By Rebecca Tushnet
  • CLE: Ethics in the Practice of IP Law
    John Marshall is hosting its 11th annual Ethics in the Practice of Intellectual Property Law seminar on Friday, June 5, 2020, from noon – 3:45 pm CST. The seminar will be online and is offering 3.25 hours of professional responsibility credit, including 1 hour of mental health/substance abuse credit. Register ... Read More
    Source: CHICAGO IP LitigationPublished on 2020-05-04By R. David Donoghue
  • TM may look like a certification mark, but that doesn’t harm a competing trade organization
    North American Olive Oil Ass’n v. D’avolio Inc., 16-CV-6986 (SJF) (ARL), 2020 WL 2079421 (E.D.N.Y. Apr. 30, 2020)NAOOA, a trade association for olive oil marketers/sellers/etc., sued a number of defendants for false advertising about olive oil sold by others. The court dismisses the complaint without leave to amend.NAOOA members pledge ... Read More
    Source: TushnetPublished on 2020-05-02By Rebecca Tushnet