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

Navigating the Evolving Landscape for Piracy and Counterfeiting, Bad Faith Marks, Geographical Indications, and More

Recording of a 90-minute premium CLE webinar with Q&A


Conducted on Tuesday, March 17, 2020

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to IP counsel on the implications of the U.S.-China trade deal for IP protection. The panel will discuss the changes and their impact on IP. The panel will examine steps companies can take to prepare for the changes as they go into effect and how to leverage the changes.

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.

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Outline

  1. Patents
    1. Patent term adjustment for all patents
    2. Pharma-related patents pre-marketing notification (patent linkage)
    3. Pharma-related patents patent terms extended
    4. Post-filing supplemental data
  2. Trademarks
    1. Geographical indications
    2. Bad faith trademarks
  3. Copyrights
  4. Trade secrets
  5. Combatting online infringement
  6. Enforcement--bilateral cooperation on IP protection
  7. Best practices

Benefits

The panel will review these and other priority issues:

  • What impact will the provisions relating to extension of patent term in China have?
  • How does the new Agreement change the definition of trade secrets and change the threshold for initiating criminal enforcement?
  • What impact does the Agreement have on geographic indications and what additional protections does it provide?

Faculty

Burgy, Adriana
Adriana L. Burgy

Partner
Finnegan Henderson Farabow Garrett & Dunner

Ms. Burgy focuses on opinion work, client counseling, patent prosecution and management, and litigation in the...  |  Read More

Irving, Thomas
Thomas L. Irving

Partner
Finnegan Henderson Farabow Garrett & Dunner

Mr. Irving has 35 years of experience in the field of IP law. His practice includes due diligence, patent prosecution,...  |  Read More

Van Horn, Charles
Charles E. Van Horn

Senior Counsel
Finnegan Henderson Farabow Garrett & Dunner

Mr. Van Horn has a strong working knowledge of the specialized areas of patent reexamination, patent term extension,...  |  Read More

Wu, Yinfei
Yinfei Wu

Attorney
Finnegan Henderson Farabow Garrett & Dunner

Ms. Wu has significant experience in both United States and China trademark and copyright law. She advises clients and...  |  Read More

Yang, Christina
Christina Ji-Hye Yang

Attorney
Finnegan Henderson Farabow Garrett & Dunner

Ms. Yang focuses her practice on patent litigation and client counseling in the areas of biotechnology and...  |  Read More

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