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On December 25 2019, the Supreme Court promulgated amendments of Several Provisions on Civil Evidence Rules (amendments). The amendments, which will come into effect on May 1 2020, have attracted lots of attention from IP practitioners. The rules are expected to improve the accuracy and standardisation of evidence production procedures and balance the burden of proof between litigants. Below are some highlights of the amendments.
In the US-China Phase One trade deal signed on January 15 2020, notable agreements on patents mostly relate to pharmaceutical sectors – Articles 1.10, 1.11 and 1.12. It is possible that these articles may also have implications for other sectors, which remains to be seen in the subsequent implementation. In addition, the provisions on judicial enforcement and procedures should benefit all patent owners. More technical issues such as indirect infringement or changes to the judicial review of invalidation decisions are not addressed. This update provides a brief overview of these key changes.
On January 15 2020, US President Donald Trump and Chinese vice-premier He Liu signed a trade agreement which President Trump has described as "the biggest deal anybody has ever seen." The deal promises to be the first phase of a larger new trade agreement between the US and China, announcing a significant de-escalation in the trade war between the two giants that has dragged along for more than one year. Of particular interest to those in the pharmaceutical industry will be Sections C and D of the first chapter of the trade agreement, which outline China's commitments to improve protection and enforcement of pharmaceutical-related patent rights, and in particular to creating an effective mechanism for early resolution of patent disputes between generic drug companies and pharmaceutical innovators, or a Chinese drug patent linkage system, as many may like to put it.
