MONTHLY INSIGHTS

Impact of Shifting Burden of Proof Provision for Trade Secret Civil 
Proceedings in the US-China Economic and Trade Agreement and 
China's Most Recent Response
After more than two years of negotiations, China and the United States in January 2020  signed the Economic and Trade Agreement. As a result of "phase 1," the Trade Agreement  sets forth the provisions relating to intellectual property in Chapter 1, indicating a  fundamental consensus between the countries on strengthening the protection of  intellectual property. Following the general obligations set forth in Section A of the  Intellectual Property Chapter, seven articles set forth in Section B relate to  strengthening of trade secret protection, which further demonstrates the concerns  of both China and particularly the US regarding effective trade secret protection in China. 
Personal Jurisdiction Uncertain Based on Stream of Commerce: Part I

Standards to establish specific jurisdiction over a non-resident or foreign defendant have been around for decades. Yet today, what tests may be applied to support those standards are uncertain. How should a court determine  whether a defendant's activities in or related to the forum are sufficiently related to the plaintiff's claim to permit the exercise of specific jurisdiction? The answer to this question will have important implications in patent infringement cases, and is especially pertinent for non-U.S. entities sued in American courts. The answer determines whether a forum state may exercise jurisdiction over a non-forum entity and whether a non-U.S. defendant may be sued in the United States at all.   READ MORE
EPO Continues Suspension of Late Fees to Help Applicants in the COVID-19 Pandemic
 
The European Patent Office issued a notice dated 29 May 2020 concerning the temporary suspension of the application of the additional fee for belated payment of a renewal fee for a European patent application. 


USPTO Extends Certain CARES Act Relief for Small and Micro Entities 

Under the CARES Act authority and its existing authority, the USPTO has extended from 
July 1, 2020, to September 30, 2020, the time for small and micro entities to pay certain 
patent-related fees that would otherwise have been due on or after March 27, 2020.  
As set forth in the June 29 notice, the small and micro entity fees eligible for an extension 
until September 30, 2020, include: basic filing fees, issue fees, maintenance fees, and other 
fees. In addition to this extension, and although some of the other relief provided in past 
notices is ending, other extensions of time and other relief remain available on a case-by-case basis.   The full USPTO June 29 notice may be found  here . 

China's Supreme People's Court Limits the Application of Functional Feature

China's IP Tribunal of Supreme People's Court limited application of the "functional features" method of claim interpretation in an appeal of a case filed in Shanghai IP Court by foreign company Valeo Systemes D'Essuyage relating to vehicle windscreen wiper technology. The appeal decision brings patent claim interpretation in China closer to the way that claims are construed in Europe and the United States. As a result of the decision, the Shanghai IP Court has awarded RMB 7 million (approximately USD 1 million ) in compensatory damages and expenses to Valeo.   READ MORE
TOP LAWYERS OF HOUSTON
Congratulations to these Osha Liang LLP attorneys on making the 2020 nominee list for  H Texas Magazine's Top Lawyers of Houston

Austin    Boulder     Hangzhou     Houston     Paris    Tokyo      Washington, D.C.



Follow us on Twitter  View our profile on LinkedIn 
 www.oshaliang.com

DISCLAIMER: This information is being provided to you as a service to our clients and those who elected to receive mailings from our firm. The information contained herein is intended for informational purposes only and should not be construed as legal advice. This newsletter does not create any form of attorney-client relationship with our firm or with any of our attorneys.