1       Background In the past several years, the Supreme People’s Court (“SPC”) of China has been working on establishing a precedent system appropriate for China.  In 2010, the SPC launched the Guiding Cases System (“GCS”).  Under the GCS, the SPC each year selects and publishes certain representative cases from all level of courts as Guiding…

A positive view is spreading on post-filing experimental data in China since the recent official post of the proposed revisions to the Guidelines for Patent Examination (the “Guidelines”) by the State IP Office (the “SIPO”) of China.  People tend to think that the window is about to open to post-filing experimental data, just like it…

In an effort to further enhance protection of Intellectual Property Rights (IPRs) and to promote implementation of the innovation-driven development strategy, the State Intellectual Property Office (SIPO) of China posted online proposed revisions to Guidelines for Patent Examination to solicit public opinions from 28 October to 27 November 2016. The new guidelines are expected to…

By Charles Pommiès, François Renard, Jie Tong, and Benjamin Bai Speed read In April 2015, China’s SAIC released its long-awaited guidelines on curbing abuses of intellectual property rights (“IPRs”). It introduces a new basis for forced licensing of IPRs where such rights constitute an “essential facility”. Therefore, assessing market position and reviewing licensing policies under…

Preliminary injunctions are powerful weapons in patent infringement suits. A successful application – and sometimes even an unsuccessful application – for a preliminary injunction (“PI”) will often lead to an early resolution of litigation. Chinese law authorizes courts to issue PIs, either before or during an infringement action. As such, there are two kinds of…