Patent Litigation in China
The rise of China's economy has led to a substantial increase in disputes involving intellectual property rights, including patents. Not only are foreign companies suing domestic companies and domestic companies suing foreign companies, but patent disputes between foreign companies are also being litigated in the Chinese courts. Patent Litigation in China, by Douglas Clark, provides U.S. and other non-Chinese practitioners with an overview of the patent litigation system in China. Strategic commentary is provided to enable those contemplating or involved in patent litigation in China to better comprehend the risks and challenges they face, as well as to ensure better decision-making by those responsible for bringing or defending patent actions. The book covers the tests for patentability grounds for invalidating patents before focusing on evidence gathering, litigation strategy and procedure, as well as considering defenses and remedies. The key differences between the Chinese, U.S. and other more mature patent systems are highlighted throughout the book. Appendices include Chinese to English translations of the Patent Law of the People's Republic of China; Implementing Regulations of the Patent Law; Interpretation by the Supreme People's Court on Several Issues regarding Legal Application in the Adjudication of Patent Infringement Cases; Several Provisions of the Supreme People's Court for the Application of Law to Pre-Trial Cessation of Infringement of Patent Right; Several Provisions of the Supreme People's Court on Issues Relating to Application of Law to Adjudication of Cases of Patent Disputes.
What people are saying - Write a review
We haven't found any reviews in the usual places.
2 Sources of Patent Law
3 Introduction to Chinas Administrative and Judicial Patent Systems
4 Administrative Enforcement
6 Grounds for Invalidating a Patent
7 Patent Revocation Proceedings
8 Civil Litigation in China
13 Design Patents
Table of Cases
2010 Judicial Interpretation accordance adjudication alleged infringing amendments application for patent Article authority for patent Beijing Chapter Civil Procedure Law claim compulsory license Council Court Evidence Rules damages date offiling decision deemed defendant design patent divisional application doctrine of equivalents Examination Guidelines Higher People’s Court Ifthe Implementing Regulations Chinese Implementing Regulations English infringing product Intermediate People’s Court international application invention or utility invention patent invention-creation jurisdiction Law Implementing Regulations litigation notarized notification ofpatent right ofthe application ofthe Patent Law ofthe patent right ofthese Implementing Regulations paragraph patent administration department patent affairs patent application Patent Cooperation Treaty patent for invention patent infringement Patent Law Implementing Patent Reexamination Board People’s Republic plaintiff PRAB prior art provisions ofArticle referred Regulations English translation relevant renminbi request for invalidation right holder Section SIPO specific submitted Supreme Court Evidence Supreme People’s Court technical features technical solution trademark unit or individual utility model