Within 30 working days of the entry into force of this agreement, China will present an action plan to strengthen intellectual property protection and will include measures that China will take to meet its commitments and the date when each measure will come into force. Ryan`s practice includes a wide range of intellectual property (”IP”) issues, including patents, trademarks, copyrights and trade secrets. It supports and negotiates IP issues, including licensing and confidentiality agreements, as well as IP-related terms of sale, in various other types of agreements, such as. B development, manufacturing, service and sales agreements. He is a registered patent attorney with extensive experience in preparing, filing and tracking patent applications in a wide range of technologies, including electronics, computer hardware and software,… Recognizing the progress made by the Chinese government in improving the protection of intellectual property rights and the subsequent progress that will result from the steps the Chinese government is prepared to take and pending full implementation of these commitments, the U.S. government will terminate the investigation initiated in accordance with the ”Special 301” provisions of U.S. trade law. , and China`s designation as a priority foreign country will be based on the date of the signing of this agreement. With regard to the protection of trade secrets, the agreement stresses that anyone in both countries can be held responsible for the embezzlement of trade secrets. Through the agreement, China committed to list several specific acts that constitute embezzlement of trade secrets, including electronic acts, offences or inducements to not disclose a duty not to disclose certain information, as well as the unauthorized disclosure or use of a trade secret. By defining these acts as a misappropriation of trade secrets, China`s trade secret protection will be more consistent with the Trade Secrets Act and the Defend Trade Secrets Act, which is already in effect in the United States.
Who knows, but on January 15, 2020, the United States and China signed phase 1 of the U.S.-China Economic and Trade Agreement (the ”Agreement”). The agreement, due to come into force on 14 February 2020, seeks to end, or at least ease, the tensions of trade war between the two economic giants of the world. The agreement deals, among other things, with the protection and enforcement of U.S. intellectual property rights (”IP”) in China. While the agreement does not raise all concerns about the protection and enforcement of U.S. companies in China, it is certainly a step in the right direction. The agreement also contains critical provisions that restrict China`s practice of requiring foreign companies to transfer or license to own companies or Chinese companies as a history of activity. Finally, the agreement contains provisions that will have a significant impact on the treatment of pharmaceutical intellectual property in China. The expected harmonization of China`s new patent laws with U.S.
patent holders is likely to allow U.S. patent holders to have more predictability and access to the Chinese market and ”ensure fair, proportionate and effective protection and enforcement of intellectual property rights,” as stipulated in Chapter 1 of the agreement. In addition, the new technology transfer rules, combined with China`s increased efforts to prevent the theft of trade secrets, should give U.S. companies additional comfort, intellectual property protection and good faith negotiations and investment activities in China. Currently, a brand name drug manufacturer in China must wait until allegedly injurious generic drugs are licensed and on the market before taking legal action.