Intellectual Property

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On August 24,2017, the Office of the U.S. Trade Representative (USTR) began a Section 301 investigation to determine whether acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation were actionable under the Trade Act of 1974. On March 22, 2018, USTR announced its affirmative findings and imposed…

On April 30, 2021, the United States Trade Representative (USTR) released its annual Special 301 Report for 2021 on the adequacy and effectiveness of trading partners’ protection of intellectual property rights.

301 Report Highlights

  • The Report’s Executive Summary stated that a priority of the Biden administration is to craft trade policy in service of America’s

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On March 31, 2021, the Office of the U.S. Trade Representative (USTR), released the 2021 National Trade Estimate (NTE) Report. The report, which is the first issued under the Biden Administration, provides a detailed inventory of significant foreign barriers to U.S. exports of goods and services, investment, and digital trade.

The NTE Report, which by…

Even before the COVID-19 pandemic, knockoffs were a $500 billion global criminal enterprise, predicted to double by 2022 with the exponential rise in e-commerce. 2020’s pandemic accelerated both phenomena: Within three months of onset in the U.S., online shopping spiked 32%, throwing open the door to fake fashion, electronics, medicines and more.

Now more than…

On September 14, 2020, China’s highest court, the Supreme People’s Court of the People’s Republic of China, released the “Opinions on Increasing Enforcement Against Intellectual Property Infringement According to Law” (关于依法加大知识产权侵权行为惩治力度的意见) (“Opinions”).

The Opinions cover four main areas: (1) Evidence Preservation, (2) Injunctions, (3) Monetary Relief, and (4) Criminal Enforcement

  • Evidence Preservation
    • Articles 1-4 cover

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Apr.01.2020

The U.S Patent and Trademark Office (USPTO) announced several initiatives aimed at providing relief for those impacted by the COVID-19 public health emergency.

The USPTO considers the effects of the coronavirus outbreak to be an “extraordinary situation” within the meaning of 37 CPR §§1.183 and 2.146 for affected patent and trademark applicants, patentees, reexamination…

On January 31, 2020, the Trump administration issued an executive order cracking down on U.S. businesses that import directly or facilitate the import of counterfeit or pirated goods, illegal narcotics and other contraband. The order, entitled “Ensuring Safe & Lawful E-Commerce for US Consumers, Business, Government Supply Chains and Intellectual Property Rights,” directs…

Our retail multinational clients often ask if there is an effective way of protecting intellectual property rights (IPR) in China. While traditional enforcement remedies in China have been ineffective in the past, customs border protection schemes in recent years have provided a cost effective tool to protect the IPR of brand owners in the retail…