Saturday, December 15, 2007

Cheng Yongshun's Critique On US Patent Reform Act Ammuniton To Opposites

Philip Brooks' Patent Infringement Update has a great post called 'China Weighs in on Patent Reform Bill', read here.

It is great when intellectual property scholars of different countries can learn from each other. For a long time a stream of advice on and ideas about IP flowed mainly from Europe and the US in the direction of China. Now, the critique of Chen Yongshun, director of the Beijing Intellectual Property Institute, deemed worthy of translation by the opposites of the US Patent Reform Bill ( H.R. 1908 and S. 1145). Thanks Philip for uploading the translation of Cheng's article and the original.

Read the translation of Cheng Yongshun here. US Representatives Michael Michaud and Donald Manzullo use Cheng's critique in an alert letter called 'Chinese Spell Out Weakness Of Patent Reform Act' as ammunition to try to sink the Patent Reform Act, without really discussing the contents of the bill, at least not in their alert letter.

In the alert letter Cheng was quoted saying:
"It is not bad news for developing countries which have fewer patents. Many of the Chinese companies are not patent owners in the U.S. market and their products are often excluded from the market because of patent infringement accusations. This bill will give the companies from developing countries more freedom and flexibility to challenge the relative U.S. patent for doing business in U.S. and make it less costly to infringe."

Michaud and Manzullo write: "[..] ominously, Mr Cheng suggests to his Chinese readers that "The US law could be used as reference when we make the third amendment of Chinese patent law.""

When messrs. Michaud and Mazullo's alert letter is uploaded somewhere please let me know, so I can link to it.
UPDATE: Patent Warrior sent me the link here. Thanks Patent Warrior.

1 comment:

Anonymous said...

"make it less costly to infringe"

We must thank China for making their objectives in this so very transparent. All Chinese must thank their government for giving them the support to infringe on other people's rights.