China Patent Cases

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.

About the Chief Editor --About the Translators --Foreword --Preface --Translator's Preface --The Commentary Committee --Acknowledgment --Introduction to the Chinese Patent System --Administrative Patent Invalidity Cases --Patent Infringement Cases --Patent Law of the People's Republic of China (2008 Revision) --Implementation Regulations of the Patent Law of the People's Republic of China (2010 Revision) --Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Patent Infringement Dispute Cases --Several Provisions of the Supreme People's Court on Issues Concerning Applicable Laws to the Trial of Patent Controversies --Several Provisions of the Supreme People's Court for the Application of Law to Stop Infringement of Patent Right Before Instituting Legal Proceedings.

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

This book offers a guide to intellectual property law in the People’s Republic of China. It simplifies the complex and rather atypical judicial system and uses practical cases to demonstrate how Chinese IP law really works. The IP system is evolving rapidly in China, with the adoption of numerous new laws and regulations, more sophisticated and detailed than their predecessors. As such the book provides an up-to-date overview of the field, including legal protection and tax assessment practices in China, focusing especially on matters regarding trademark, patent and copyright law and its protection. It also covers Chinese IP in the international context, discussing all the relevant international organizations and treaties. Furthermore, by presenting the right mix of practice and theory, and examining the best-known IP infringement cases in China, it allows readers to gain an understanding of potential IP infringement risks and ways to protect their own legal rights and interests. In addition, it provides insights into the important area of valorization and fiscal management of IP in China. Based on written law and regulations as well as the authors’ expertise, it is a valuable resource for foreign lawyers and foreign companies alike.

This book presents, in extraordinary detail, sixteen landmark cases that profoundly affect the protection of intellectual property rights in China. Written by six prominent Chinese legal scholars and jurists - including judges who themselves participated in these decisions - each case is fully described and analysed: the parties and their representatives, the basic facts, the facts ascertained by the court, the evidence presented by plaintiffs and defendants, the judges' opinions with their arguments and reasoning, the unanimous conclusions, and the judgment, along with a wealth of deeply informed comment. Among the questions raised by these cases are the following: Is a website within the definition of a 'work' in copyright law, and thus protected? How should the acts of uploading and downloading of works from the Internet be classified? Can the concept of torts be applied in the Internet context? What is the legal liability of an Internet service provider? How is a defendant's 'unreasonable conduct' to be determined? Who is responsible for the determination of 'artistic value' - e.g., of clothing designs? What evidence must be presented to serve as sufficient proof that a domain name is a party's own creation? In what a manner should packaging and decoration be regarded? How should the 'author' in copyright conflict cases be identified? How should an unauthorized web link be judged? When do separate components assembled to create a product enjoy copyright protection? How should damages be determined? An introductory essay provides a detailed overview of the characteristics of China's intellectual property law as it continues to develop, with attention to such factors as the specific laws enacted, the various courts and tribunals to which IP cases are assigned, the progress of a case, starting from filing to winding up, regulations, reform programs, and rules of evidence. The editor puts forward his own proposals - particularly in light of the so-called 'interfering factors' - on reform of civil trial style in intellectual property cases. It is difficult to overstate the value of this book to anyone involved in business dealings in China. With its authoritative expertise, abundant detail, and thorough elucidation of the salient features of developing IP law and practice in China, it will serve interested parties for years to come.

An essential guide to litigating patents in China.

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.