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In Patent Litigation in China, Douglas Clark provides U.S. and other non-Chinese practitioners with an overview of the patent litigation system in China and with strategic commentary to ensure better decision-making by those responsible for bringing or defending patent actions in China.
øThis book provides a comprehensive introduction to patent policy, law and practice in Greater China and will be a go-to book for patent practitioners who have client interests in that region. Features: †øø øIntroduction to Chinese paten
Numerous non-Chinese entities seek patents in China, and allegations of infringement are not uncommon. In this invaluable guide to Chinese patent law and the rules applicable to infringement challenges, the authors—all members of a leading Chinese law firm with wide experience in advising foreign clients—bring their experience in real-world patent litigation, reinforced with an abundance of relevant case law, in order to introduce the Chinese patent regime in a systematic and practical manner. In their thorough analysis of the scope of protection of patent rights and invalidation procedures, supported throughout by detailed examination of patent infringement lawsuits, the authors clarify such essential elements of Chinese patent law practice as the following: assertion of a claim; choosing the basis of the right to sue; publicity of claims; principle of internal interpretation priority; correction of ambiguity in a claim; interpretation of claims defined by preparation methods; defining the effect of a sequence of steps of a process claim; meaning of “persons of ordinary skill in the art”; concept of “means plus function”; application of the All Elements Rule; determination of functional features; and doctrine of equivalents. Each doctrine and the underlying principle is thoroughly examined with reference to relevant court decisions. With this eminently practical and authoritative guide, corporate counsel and patent lawyers will proceed confidently through the Chinese patent application system, assess risks and opportunities, understand how precedents might affect their case, protect their rights in China once they have a patent, and handle infringement proceedings with full awareness of applicable principles and procedures.
An essential guide to litigating patents in China.
Intellectual property law--what it is, and how it is implemented and enforced in China--is a topic of critical importance for both foreign and Chinese companies. Intellectual Property Law of China provides an up-to-date summary of the law of intellectual property in today's China. Each of the chapters contained in this book deals with a selected topic and is authored by a leading expert in the field. The essays provide a "short course" on intellectual property law in China, dealing not only with the "black letter" law and legislation, but also with practical issues. This book is a necessary resource for IP practitioners and in-house counsel as well as business managers operating in China's increasingly regulated and complex business environment.
With the rise of the Chinese economy and consumer market, intellectual property (IP) conflicts in Sino-U.S. business transactions are increasing, and consequently, companies are intent on achieving maximum IP values in China-related cross-border transactions. Conducting Business in China: An Intellectual Property Perspective provides readers with the necessary guidance on conducting business in China from an intellectual property perspective, offering specific advice on how to profitably leverage technology and IP assets while minimizing potential risk for companies and their Chinese counterparts.
Though it lacked a patent system until 1985, China is now the world leader in patent filings and litigation. Despite the meteoric rise of the Chinese patent system, many in the West believe that it acts primarily to facilitate local protectionism rather than innovation. Recent high-profile patent suits filed by relatively unknown Chinese firms against high-profile foreign tech companies, like Apple, Samsung, and Dell, have only added fuel to the fire. Surprisingly, given how commonplace assertions of Chinese protectionism are, little empirical evidence exists to support them. This Article contributes to the literature on this topic by analyzing five years' of data (2006-11) on patent suits litigated in courts with the fifty most active intellectual property (IP) dockets in China. Among other things, we find that Chinese patent suits are highly concentrated in a handful of major urban jurisdictions -- not in smaller inland cities where protectionism is most often alleged to take place -- and also have rates of success and appeal very similar to those of US patent suits. We also observe that foreign companies appear in Chinese patent suits most often as patent enforcers, not as accused infringers, and win their cases roughly as often as Chinese patentees. Finally, we find that patents litigated in China are generally more than five years old at the time of assertion and frequently have family members issued by foreign patent offices. Together, these findings contradict conventional wisdom that China's patent system has been structured to benefit domestic industry at the expense of foreign firms.
Intellectual property law and practice in China has changed dramatically since the first edition of this influential book published in 2005. Today, judicial and administrative application of law plays a major role, and accordingly this entirely rewritten new edition draws on an abundance of court and administrative decisions clarifying how the law is applied. In a thorough and systematic manner, the authors clearly demonstrate the sophisticated level of legal certainty available for domestic and foreign entities doing business in China, including the adaptation of the legal framework to new technologies, broadened scope of protected subject matter, improved quality of filings, and significant enhancement of enforcement not only with regard to remedies but also to procedural aspects. Providing comprehensive coverage of all aspects of intellectual property protection in China – including analysis of IP-related provisions of China’s new Civil Code – the book emphasizes issues of concern to foreign traders and investors such as the following: copyright law and software protection; protection of trademarks, including Chinese character and Roman script trademarks, well-known marks and bad faith applications; technology transfer; enforcement of trade secret and patent protection; criminal liability for infringement; unfair competition and antitrust law; role of the binding interpretations of the Supreme People’s Court; administrative regulations that supplement the laws; co-operation with administrative authorities; protection of geographical indications; protection of trade names; domain name dispute resolution; special patent-related laws protecting such areas as plant varieties, integrated circuit layout designs,; and relevant provisions of the distinct laws of Hong Kong and Macao. Full descriptions of the competencies of China’s IP-related institutions are included with detailed attention to procedural matters. Brief historical notes in each chapter feature the most significant changes in each amendment of law and regulation. Because in China the laws are supplemented and interpreted by numerous guidelines and circulars issued by ministries or courts, the up-to-date knowledge and awareness provided in this new edition is essential for all companies investing in China or considering such investment, as well as for practitioners counselling their clients on strategies. In addition, officials and policymakers involved in trade or other relations with China will benefit from a comprehensive update of what the current law is and a critical view of what the challenges are. “...the 2021 IPLCN is a recommended read for those who seek a well-written English textbook which covers the main principles of Chinese IP Law. Clearly outlined, it is probably one of the best of its kind on the market. Its existence is welcome and necessary in the current era, where languages are still obstacles.” By Tian Lu, Book Review for The IP Kitten, September 2021.