Benjamin Bai

On December 21, 2023, the China National Intellectual Property Administration (CNIPA) issued the final version of the revised Implementing Rules for the Patent Law and the Guidelines for Patent…

By Jill (Yijun) Ge and Benjamin Bai We discussed when an IP owner might become an IP abuser previously (http://kluwerpatentblog.com/2016/03/08/crossing-the-rubicon-when-does-ip-owner-become-ip-abuser…

By Benjamin Bai and Jill (Yijun) Ge Consider this hypothetical: a company discovered a new compound and obtained a patent on the compound. Later, this compound was discovered to be ten times harder…

By Benjamin Bai and Tyler Xiu The Chinese inventor remuneration laws have been in flux for the last several years. Uncertainties are abundant. The first remuneration case involving a foreign company,…

By Charles Pommiès, François Renard, Jie Tong, and Benjamin Bai Speed read In April 2015, China’s SAIC released its long-awaited guidelines on curbing abuses of intellectual property rights (“IPRs”)…

Introduction It used to be an excellent strategy to obtain patents on industry standards. The idea was rather simple: a patent covering an industry standard would mean that such a patent could be…

by Dylan Ding and Benjamin Bai Since we last visited this subject in December 2014, the specialized IP courts in China have moved with a speed that is more often observed in some areas of Chinese…

Call them “junk patents” or “low quality patents”, however you’d label China’s utility model patents; earlier this year, a utility model patent owner obtained a damages award of USD6 million and a…

On August 31, 2014 the Chinese legislature approved a resolution to establish specialized IP courts in Beijing, Shanghai and Guangzhou. By early November, the Beijing IP Court was operational and had…