Recently many patent applications have been rejected for failing to fall into the category of subject matters as provided by Paragraph 2 of Article 2 of the PRC Patent Law. The PRC Patent Law defines invention as, “any new technical solution relating to a product, a process, or improvement thereof.” Thus, in order to determine …
-Provisions on component infringement and method infringement. Article 12 provides that where a product infringes upon an invention or utility model patent by incorporating a component or part in the development of another product, this constitutes “use” of the patented product under prevailing Patent Law. Thus the product user may be exempted from damages, because …
By Brendan Baker The new Tort Law of the People’s Republic of China will take effect on July 1, 2010, ushering in several major changes for intellectual property rights in China. Currently, there are several holes in the body of tort law concerning IP rights, so there has been no legislative basis on which the …
Stronger New Tort Laws Will Better Protect IP Rights in China Read More »
Workers at the Toyota automotive manufacturing plant in Tianjin agreed to resume work on Sunday morning in exchange for a pay raise of 200 yuan a month. This represented a 13 percent improvement over their existing salaries, short of the 20 percent they had demanded at the outset of the three-day strike. It was unclear …
China’s 2008 Anti Monopoly Law has brought China into the modern world of anti-trust and competition laws. As the two year anniversary of the bill approaches, some areas of uncertainty have been made clear. One issue that was relatively unclear at the time of AML implementation was what precisely triggers an anti-monopoly investigation of a …
2 YEAR ANNIVERSARY OF CHINA’S ANTI MONOPOLY LAW APPROACHES Read More »
Chinese State Council has agreed to the abolishment of tax rebates for 406 exported products. The new policy effective July 15th, includes steel and non-ferrous metals products, fertilizers, in addition to specific plastic, rubber, and glass products, according to the Chinese Finance Ministry in a Tuesday statement. The Ministry has yet to offer an explanation …
In September 2009 the Chinese Ministry of Commerce (MOFCOM) granted conditional approval to the merger of Pfizer and Wyeth, two pharmaceutical giants, with the condition that Pfizer divest its swine flu vaccine business in China. This conditional approval represented the first instance of MOFCOM ordering a foreign company to divest itself of a China-based business …
What does “MFN” stand for? “MFN” stands for “Most Favourite Nation”. The MFN principle is used within World Trade Organisation (“WTO”) Agreements, and is based upon the principle that member states should treat others fairly. Such principles form solid foundations of the General Agreement on Tariffs and Trade (“GATT”), the General Agreement on Trade in …
Increasing optimism regarding the Chinese economy as well as the global economy has generated a six year high in hiring plans within mainland China. Employment service provider Manpower Inc. reports that over thirty percent of Chinese employers plan to increase their workforce in 2010. This is approximately a twenty percent improvement over last year’s figures. …
CHINESE ECONOMY CONTINUES TO IMPROVE AS HIRING PLANS HIT 6-YEAR HIGH Read More »
Chinese officials have presented new policies aimed at attracting top-notch foreign professionals in order to improve the economic and social development of the nation. The recently announced National Medium and Long-Term Talent Development Plan is more open for high-caliber foreign talent willing to work in China than previous policies. Main areas of focus are taxation, …
China Increasing Efforts to Attract Foreign Talent Read More »
