Preliminary Injunctions in China: the Pendulum Has Swung Back! | Kluwer Patent Blog. Author Benjamin Bai, head of Allen & Overy’s China IP practice and a member of the US CERC’s IP Experts Group recently succeeded in obtaining a patent-based preliminary injunction in China, his third in the last year. Here he describes two of the patent PIs and two trade-secret PIs – observing that Chinese courts have changed their posture in a significant and very positive way with regard to preliminary injunctions.

Mark Cohen’s ChinaIPR blog points to a very interesting Practical Law (Thomson Reuters) analysis of its survey (free sign in required) on the use of governing law for China-related agreements which reveals trends in choice of law for foreign-related IT and IP contracts in China.

China IPR - Intellectual Property Developments in China


Practical Law (Thomson Reuters) has recently made available its analysis of a survey  (free sign in required) on the use of governing law for China-related agreements which reveals trends in choice of law for foreign-related IT and IP contracts in China.

In my own experience, if you require enforcement in China, choosing a foreign court (other than arbitration) to resolve a dispute, or a non-Chinese law for a dispute in China, is often a mistake.  The survey data generally agrees: it shows that if local enforcement is going to be an issue for an IP or IT contract, the majority of respondents will choose Chinese law.

The Chinalawblog put the general proposition it this way: “China’s laws do technically allow for contracting parties [in transnational transactions] to make their own decisions regarding a contract’s governing language and law, but in the practical world of Chinese litigation, having an English language…

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Different Types of U.S. Patent Applications – | Patents & Patent Law.

Patent Drafting: Not as Easy as You Think – | Patents & Patent Law. We all know how important it is to patent an invention, but some consider the do-it-yourself approach. This article explains the importance of getting it right, which may (likely will) require an expert to draft the patent. There are also some good links to some basic patenting information.

Hearing: U.S.-China Clean Energy Cooperation: Status, Challenges, and Opportunities | U.S.-CHINA. The Senate Commission on US-China Economic and Energy Security Review held a hearing on Friday, April 25, 2014.

The hearing, “U.S.-China Clean Energy Cooperation: Status, Challenges And Opportunities,” although broadly scoped, focused on the US-China Clean Energy Research Center (CERC). Intellectual property figured prominently in the testimony of most witnesses.

Video of the entire hearing and links to bios and prepared testimony are here.


Ms. Leocadia Zak, Director, USTDA;

Dr. Valerie Karplus, Project Director, China Energy and Climate Project, MIT;

Ms. Jane Nakano, Fellow, Energy and National Security Program, CSIS;

The Coal CERC was represented by Dr. Jerry Fletcher, West Virgina University; and

The Vehicles CERC was represented  by Professor Huei Peng, University of Michigan.

Ms. Sarah Forbes, World Resources Inc., where Sarah has been active in building US-China relations in clean energy, including partnerships supporting CERC; and

Professor Joanna Lewis, Georgetown University; whose research focuses on US-China S&T cooperation, specializing on innovative models and IP matters. She was the author of the summary reports of two joint workshops on IP, sponsored by DOE and organized by the CERC Secretariat.

UN Climate Change Report Assesses Options For Technology And IP Policy | Intellectual Property Watch. “The latest United Nations report on climate change offers advice for international and national intellectual property policies relating to climate change mitigation technology. Although strong IP rights may foster green technology development and transfer in developed countries, there is a lack of evidence to support IP strengthening in developing countries, it concludes.”

Do Patents Truly Promote Innovation? – | Patents & Patent Law. Attorney and author David Kline (Rembrandts in the Attic, Burning Ships, Great Again) surveys the academic literature to argue the answer is a resounding ‘yes.’

Excerpts from the US PTO Press Release, 14-11.

USPTO Creates New Office of International Patent Cooperation


WASHINGTON – The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today announced the creation of a new Office of International Patent Cooperation (OIPC).

While the USPTO has been effective in carrying out its international mission through such programs as the Patent Prosecution Highway, the Global Patent Search Network, the Cooperative Patent Classification system, and the new Global Dossier Initiative, creation of the new office will enable USPTO to focus dedicated resources to better implement its international patent cooperation efforts. The main focus of the office, working in concert with the Office of Policy and International Affairs and the Office of the Chief Information Officer, is to provide optimized business process solutions to the international patent examination system for examiners and external stakeholders.

The George Washington Law Symposium on IP. May 6, 2014, Washington, D.C. I would encourage those interested in a good overview of the state of patent law in the US to attend. It’s a low-cost (US$75 registration) opportunity to learn more about, as the site describes:

  • Beginning of a New Era: Post Issuance PTO Proceedings

  • Tips and Trends: Litigating Patent Cases in the Federal Courts

  • ITC: Recent Developments and Current Trends

  • Defensive Strategies: Patent Litigation


Joseph Sternberg: A Watershed for Chinese Patent Theft – Opinion piece describing some of the issues at stake in a patent infringement case filed against Sinopec by chemical company Ineos. The two companies are in a joint-venture. Ineos claims that Sinopec is building unauthorized factories based on Ineos technology, and that one such plant has been in operation almost a year. Sternberg observes that this is the first case where a foreign company has sued a Chinese SOE in Chinese court over an intellectual property dispute. It will be a case to be watched.