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Page 1: Sensing Where China IP Reforms Go - Geneva Network€¦ · Sensing Where China IP Reforms Go 杰出,所以安心 Impactful · Creative He Jing. What are the notable events? •Supreme

Sensing Where China IP Reforms Go

杰出,所以安心

Impactful · Creative

He Jing

Page 2: Sensing Where China IP Reforms Go - Geneva Network€¦ · Sensing Where China IP Reforms Go 杰出,所以安心 Impactful · Creative He Jing. What are the notable events? •Supreme

What are the notable events?

• Supreme Court IP Court (Chinese CAFC)

• Abolish controversial technology transfer rules

• Regulations on bad faith trademarks

• Cases on injunctions (Micron and QUALCOMM cases)

Page 3: Sensing Where China IP Reforms Go - Geneva Network€¦ · Sensing Where China IP Reforms Go 杰出,所以安心 Impactful · Creative He Jing. What are the notable events? •Supreme

Supreme Court IP Court

• Establish at the end of 2018

• Other courts - forum shopping?

Page 4: Sensing Where China IP Reforms Go - Geneva Network€¦ · Sensing Where China IP Reforms Go 杰出,所以安心 Impactful · Creative He Jing. What are the notable events? •Supreme

Technology transfer rules Abolished

• Indemnity

• Ownership of improvements

• No compulsory transfer by local policies

Page 5: Sensing Where China IP Reforms Go - Geneva Network€¦ · Sensing Where China IP Reforms Go 杰出,所以安心 Impactful · Creative He Jing. What are the notable events? •Supreme

What to watch

- IP Reforms for Biopharmaceutical Innovation

• Patent term restoration

• Patent linkage: where to link?

• Regulatory data protection

Page 6: Sensing Where China IP Reforms Go - Geneva Network€¦ · Sensing Where China IP Reforms Go 杰出,所以安心 Impactful · Creative He Jing. What are the notable events? •Supreme

What to watch

- IP Reforms for Biopharmaceutical Innovation

• 10 genetics applications approved by NMPA (drug

approval authority)

• China choosing between India and US model?

Page 7: Sensing Where China IP Reforms Go - Geneva Network€¦ · Sensing Where China IP Reforms Go 杰出,所以安心 Impactful · Creative He Jing. What are the notable events? •Supreme

What are the other true reforms to require?

• Criminal enforcement - need IP police team

• Protection over streaming works (follow US?)

Page 8: Sensing Where China IP Reforms Go - Geneva Network€¦ · Sensing Where China IP Reforms Go 杰出,所以安心 Impactful · Creative He Jing. What are the notable events? •Supreme

What is in the future?

• CPTPP

• Road Belt Initiative related IP agreements?

Page 9: Sensing Where China IP Reforms Go - Geneva Network€¦ · Sensing Where China IP Reforms Go 杰出,所以安心 Impactful · Creative He Jing. What are the notable events? •Supreme

He Jing 13910259186 [email protected]

19/F, Tower D1, Liangmaqiao Diplomatic Office Building,

No. 19 Dongfangdonglu, Chaoyang District, Beijing


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