Suppliers and contractors from China: The panacea for the capacity problems and price increases in the European offshore wind market? The European offshore wind nations – similar to many other nations worldwide – have very...more
The copyrightability of AI-generated output has been a hotly debated topic before various Chinese courts since 2018. The latest Chinese judgment on this topic was issued recently by the Beijing Internet Court, on 27 November...more
On 9 February 2021, China's National Intellectual Property Administration ("CNIPA") published its Administrative Adjudication Measures For The Early Resolution Mechanism For Drug Patent Disputes. These Measures are aimed at...more
On 17 October 2020, China's NPC adopted amendments to the Patent Law, which will take effect on 1 June 2021. The highlights are the adoption of a patent linkage system, a patent term extension for pharmaceutical patents,...more
On 6 July 2020, China's National People’s Congress (NPC) released its latest Draft Patent Law for public comment, proposing, amongst other things, a patent linkage system, patent term extension for pharmaceutical patents,...more
On 6 July, China’s National People’s Congress (NPC) published additional amendments to its draft patent law, which was first released in January 2019. As we reported at that time here, the proposed Chinese Patent Law...more
Businesses are increasingly turning to trade secrets as a mechanism to protect their innovations and know-how. In some cases, trade secrets offer an attractive alternative to patent protection. Companies also recognize the...more
2/19/2020
/ Administrative Proceedings ,
Asia ,
Competition ,
Confidential Information ,
Criminal Penalties ,
Criminal Sanctions ,
EU ,
Foreign Investment ,
Infringement ,
Intellectual Property Protection ,
Misappropriation ,
Penalties ,
Trade Secrets ,
UK Brexit ,
Unfair Competition ,
United States-Mexico-Canada Agreement (USMCA)
Following the ground-breaking People's Republic of China (PRC) Foreign Investment Law (FIL) which unifies and replaces the main existing rules governing foreign invested enterprises (FIEs) and their activities, namely the...more
China is a market that represents a paradox for many telecoms, media and technology (“TMT“) companies. On the one hand it offers the promise of almost unlimited growth potential if you get the product right, but on the other...more
8/19/2019
/ Antitrust Provisions ,
China ,
Competition ,
Cross-Border Transactions ,
Cybersecurity ,
Data Protection ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Infrastructure ,
Intellectual Property Protection ,
Market Access Rule ,
Telecommunications ,
Variable Interest Entities
Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, France, Germany, Italy, Japan, the Netherlands, Spain, the United Kingdom and the United...more
8/8/2019
/ 5G Network ,
Anticompetitive Behavior ,
Antitrust Provisions ,
Blackberry ,
China ,
Federal Trade Commission (FTC) ,
FRAND ,
Huawei ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
IP License ,
Patents ,
Philips Electronics ,
Qualcomm ,
Standard Essential Patents ,
The Hague ,
Unfair or Deceptive Trade Practices
Many TMT companies have found China a market that is challenging to navigate. The challenges have included restricted sub-sectors, data localization requirements, and intellectual property protection. These market access...more
Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, France, Germany, Italy, Japan, the Netherlands, Spain, the United Kingdom and the United...more
5/20/2019
/ Automotive Industry ,
China ,
Connected Cars ,
France ,
FRAND ,
Germany ,
Huawei ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
IP License ,
Netherlands ,
Non-Practicing Entities ,
Patents ,
Standard Essential Patents ,
Telecommunications ,
UK
On 23 April 2019, both China’s Trademark Law (“TML“) and its Anti-Unfair Competition Law (“AUCL“) were amended. The amendments to the TML are aimed at curbing bad faith trademarks and increasing damages for infringement,...more
5/7/2019
/ Amended Legislation ,
Anti-Competitive ,
Bad Faith ,
China ,
Competition ,
Infringement ,
Intellectual Property Protection ,
Trade Secrets ,
Trademark Infringement ,
Trademarks ,
Unfair Competition
Read the latest news on antitrust, competition and economic regulation (ACER) in this Winter's edition of our quarterly ACER newsletter.
...more
4/3/2019
/ Antitrust Provisions ,
Bid Rigging ,
CFIUS ,
Economic Development ,
EU ,
Federal Trade Commission (FTC) ,
Foreign Direct Investment ,
Government Shutdown ,
Hold-Separate Remedies ,
Merger Controls ,
No-Poaching ,
Pharmaceutical Patents ,
Public Procurement Policies ,
Regulatory Standards ,
South Africa ,
UK Competition and Markets Authority (CMA)
In a recent move involving both the Chinese legislature (the National People’s Congress) and the executive branch (the State Council), China has overhauled two of its most important pieces of legislation governing inbound...more
Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, France, Germany, Italy, Japan, the Netherlands, Spain, the United Kingdom and the United...more
China’s Supreme People’s Court recently passed its new “Regulations on Certain Issues on the Application of Law for Conduct Preservation in Trials of Intellectual Property Disputes”. ...more
3/4/2019
/ Arbitration ,
China ,
Design Patent ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Irreparable Harm ,
Jurisdiction ,
License Agreements ,
Litigation Strategies ,
Preliminary Injunctions ,
Supreme People's Court of China
On January 4, China’s National People’s Congress (NPC) released draft amendments to the Chinese Patent Law, proposing expanded and enhanced protections that may provide real benefits to companies that develop new drugs. ...more
Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, Germany, Japan, the United Kingdom, and the United States.
...more
1/9/2019
/ 5G Network ,
Antitrust Litigation ,
China ,
Federal Trade Commission (FTC) ,
FRAND ,
Germany ,
Huawei ,
Intellectual Property Protection ,
IP License ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Qualcomm ,
Royalties ,
Samsung ,
Standard Essential Patents ,
Telecommunications ,
UK
On 9 August and 28 September 2018, the new Cyberspace Courts in Beijing and Guangzhou were officially opened. These new specialised courts, along with their equivalent one that was formed in Hangzhou in August 2017, are meant...more
In the August 2018 edition of Hogan Lovells’ Standard Essential Patent (SEP) Update, we report on recent news and case decisions from China, Germany, the United Kingdom, and the United States. This bi-monthly newsletter...more
9/14/2018
/ 35 U.S.C. § 271(f)(2) ,
35 U.S.C. § 284 ,
America Invents Act ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Domestic Injury ,
Extraterritoriality Rules ,
Foreign Sales ,
German Federal Supreme Court ,
Germany ,
Lost Profits ,
On-Sale Bar ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Rulemaking Process ,
SCOTUS ,
Section 101 ,
Teva Pharmaceuticals ,
Unified Patent Court ,
USPTO ,
WesternGeco LLC v Ion Geophysical Corporation
16 April 2018 – Huawei’s jurisdictional challenge to Conversant Wireless’ patent infringement and FRAND determination proceedings has been dismissed by the High Court of England and Wales. ...more
6/28/2018
/ China ,
FRAND ,
Huawei ,
Injunctions ,
Intellectual Property Protection ,
IP License ,
Jurisdiction ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Qualcomm ,
Samsung ,
Standard Essential Patents ,
Telecommunications ,
Wireless Industry
China has become a new battlefield in the global patent war amongst tech giants in the telecom industry. On 4 January 2018, the Shenzhen Intermediate People’s Court (“Court“) rendered a landmark judgment in the Huawei v....more
6/19/2018
/ China ,
Cross-Licensing Agreement ,
FRAND ,
Huawei ,
Injunctions ,
Intellectual Property Protection ,
IP License ,
Patent Infringement ,
Patent Litigation ,
Patent Portfolios ,
Patents ,
Popular ,
Samsung ,
Smartphones ,
Standard Essential Patents ,
Telecommunications
China is becoming an important battlefield in global disputes over the licensing of standard essential patents ("SEPs"). On 26 April 2018, the High People’s Court of Guangdong Province – home to many Chinese high-tech...more
In a recent landmark decision, the Supreme People’s Court (“SPC”) reversed the remarkable appeal decision in the Dongfeng trademark case about Original Equipment Manufacture (“OEM”). The SPC reiterates its view expressed in...more