Patent Litigation in China

Front Cover
OUP USA, Aug 25, 2011 - Law - 293 pages
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.
 

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Contents

1 Introduction
1
2 Sources of Patent Law
7
3 Introduction to Chinas Administrative and Judicial Patent Systems
13
4 Administrative Enforcement
21
5 Patents
31
6 Grounds for Invalidating a Patent
41
7 Patent Revocation Proceedings
63
8 Civil Litigation in China
79
12 Defenses
131
13 Design Patents
141
14 Remedies
151
Concluding Remarks
161
Tables
163
Appendices
167
Table of Cases
283
Table of Legislation
285

9 Preliminary and Interlocutory Issues
89
10 Evidence
105
11 Patent Infringement LitigationInvention Patents and Utility Models
117

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About the author (2011)


Douglas Clark is an intellectual property lawyer who has practiced in China for more than 15 years. Until the end of 2010 he was a partner with the international law firm of Hogan Lovells and head of the firm's mainland China intellectual property practice as well as co-head of its worldwide patents group. Since 2011 he has worked as a sole practitioner. He has handled over 100 patent cases and over 2,000 intellectual property cases in China.

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