Blogs

New PRB Rules Effective on September 1, 2012

[Arthur Tan-Chi Yuan]

As a late follow-up to our August 24, 2012 program, State Intellectual Property Office (SIPO) released a set of amendments to rules governing Patent Reexamination Board (PRB) on July 18, 2012.  These new rules went into effect last Saturday, September 1, 2012. 

As a brief background, in China, the PRB handles:

IP: 

National IP Strategy

[Arthur Tan-Chi Yuan]

IP: 

Chinese Court May Compare Yi, Jordan

[by Arthur Tan-Chi Yuan; original version was first published in Chicago Daily Law Bulletin on April 11, 2012.  The current edition includes additional content, as well as attachments and notes]

If China were a common law country, Michael Jordan has a good chance of winning the right to reclaim his last name in Chinese in China, because the Beijing High People's Court recently sided with another NBA basketball star who was also a victim under similar facts.

Are You an Innocent Carrier of Infringing Products?

 

 

Tianjin Jiegao Architectural Materials LLC.

v.

Tianjin Jiegao Kemao LLC. v. Shaohui LIU

(Supreme People’s Court, December 15, 2009)

Translated Decisions: 
IP: 

Battle of the Crocodile Trademarks

[By Arthur Tan-Chi Yuan]

[Author’s note: Key lessons for non-Chinese litigants: Supreme People Court’s interpretations]

Supreme People’s Court

Lacoste (Petitioner)

v.

Crocodile International PTE Ltd. (Respondent)

And

Shanghai East Crocodile Clothing Co. Ltd. (Respondent)

December 29, 2010[1]

Translated Decisions: 

Eli Lilly v. Jiangsu Hansoh Pharmaceutical Co. Ltd.

 

Eli Lilly & Co. v. Jiangsu Haosen Yaoye Gufen Youxian Gongsi

[Eli Lilly & Co. v. Jiangsu Hansoh Pharmaceutical Co. Ltd.]

(Supreme People’s Court, December 3, 2010)

 

Translated Decisions: 

Icon IP won patent infringement lawsuit in Beijing

[By Arthur Tan-Chi Yuan]

[Author’s note: Key lessons for non-Chinese litigants: evidence gathering, patent litigation jurisdiction; statute of limitation; stay]

Beijing Second Intermediate People’s Court

Icon IP Inc. (plaintiff)

v.

Jinan Yibang Corp. and Beijing Kangan Century Tech Corp. (defendants)

October 19, 2011

Facts:

Translated Decisions: 
IP: 

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