IP Protection After U.S.-China Trade Deal: Patents, Trademarks, Copyrights, Trade Secrets

Description

On Jan. 15, 2020, the U.S. and China signed the phase one Economic and Trade Agreement. The Agreement addressed several issues, including the protection of IP rights. The parties agreed on changes in China related to judicial procedure and enforcement in IP cases, the definition of trade secret to include confidential business information, combating online infringement with a new notice and takedown system, geographical indications, and bad faith trademarks, among other changes.

China also agreed to extend patent terms for novel drugs, thereby providing additional protection for both domestic and foreign pharmaceutical companies. These companies also will now receive pre-market notification when a generic drug is approved, before it enters the marketplace. Agreement provisions provide the patent holder with a mechanism for pre-marketing resolution of patent disputes, akin in principle to the Hatch-Waxman framework established in the U.S.

The Agreement should enter into force in mid-February and China is to submit an Action Plan to strengthen IP protection within 30 days of the Agreement taking effect. IP counsel should be aware of changes and consider them as they plan their China strategy going forward.

Listen as our authoritative panel of patent attorneys discusses the Chinese Action Plan, the proposed Fourth Amendments of Chinese Patent Law, potential implementation avenues, and the agreed-upon changes and how they will impact IP. The panel will address the effect on the different forms of IP protection--patent, trademark, copyright, and trade secrets. The panel will also provide guidance on the steps companies can take to prepare for the changes as they go into effect and leverage the changes.