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The Third Amendment to the Chinese Patent Law
The Third Amendment to the Chinese Patent Law was approved on Dec. 27, 2008 and will come into effect on Oct. 1, 2009. Chinese Patent laws were first established in only 1985. The First Amendment enacted in 1992 added pharmaceutical compositions to the list of patentable subject matter and inaugurated China's membership in the Patent Cooperation Treaty (“PCT”). The Second Amendment enacted in 2000 brought the Chinese Patent Law into compliance with the Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) Agreement.
This Third Amendment is expected to bring the Chinese Patent Law into closer conformity with international standards, particularly commensurate with U.S. Patent contract and litigation practice, even though several changes such as the absolute novelty requirement still clearly reflect the influence of European Patent laws on the development of the Chinese Patent Law. The Third Amendment includes changes to patent application and enforcement processes, ownership rights, compulsory licensing rules, international exhaustion rights, penalties for patent infringement, prior art defenses, and exemptions, summarized as follows.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.