Dr. Jacqueline Lui, Managing Director of Eagle IP Ltd., gave a speech titled “Being a Defendant in China” at the Intellectual Property Law in China 2013 conference in Central London, UK.
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CHINA: How Prohibiting "Illegal" Inventions Runs into Food Safety Law
22 October 2021Chinese Patent Law has an interesting provision that specifically prohibits patent protection on “illegal” or “immoral” inventions. What does this mean, exactly? According to Article 5.1 of the Chinese Patent Law, “no patent shall be granted for an invention that contravenes any law or social moral or that is detrimental to public interests.” On its […]
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Breaking News: China passes Fourth Amendment to the Chinese Patent Law
19 October 2020After 12 years, the Fourth Amendment to the Chinese Patent Law has passed and will be in effect on 1 Jun 2021. After years of multiple draft amendments that moved in various directions, we FINALLY have some clarity on what patent protection is going to look like in China in the coming future. Many of […]
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Breaking News: Newest Draft Amendment to the Chinese Patent Law Available for Public Comment
10 July 2020Finally, after more than a year since the last draft amendment came out in 2019, a new draft has been submitted to the National People’s Congress Standing Committee for deliberation on June 28, 2020. The newest version is now published for public comments until August 16, 2020. As a whole, these proposed changes address a […]
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China’s Supreme People’s Court (SPC) Hands Down First Patent Linkage Appeal Decision
21 September 2022China has been implementing a plethora of new laws and measures that are particularly favorable to drug companies, such as patent term extension and patent linkage. Details of the new implementation measures for patent linkage (technically “early dispute resolution mechanisms for drug patents”) came into effect on July 4, 2021. At around the same time, […]
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