Patent Litigation in China, 2nd Edition

Author: Douglas Clark
Publisher: Oxford University Press
ISBN: 9780198724445

Previous Edition ISBN: 9780199730254
Published In: August 2015
Format: Paperback , 400 pages
Jurisdiction: China ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author
Reviews

Details

Provides an overview of the patent litigation system in China with a strategic commentary
Offers an overview of the steps necessary to prove infringement, defenses, and remdies
Highlights key differences between the Chinese, the U.S., and other more mature patent systems
Structured to provide a clear roadmap to handling patent cases in China
Includes appendices of Chinese to English translations of the patent law of China, implementing regulations of the patent law, and a judicial interpretation from the Supreme People's Court

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 vice versa, but patent disputes between foreign companies are also being litigated in the Chinese courts.

The first edition of Patent Litigation in China provided practitioners from outside China with an essential guide to litigating patents in China. This edition offers many of the same features, including a strategic commentary to enable those contemplating or involved in patent litigation in China to better comprehend the risks and challenges they face, sections on invalidation procedures, evidence gathering, litigation strategy and procedure and defences and remedies, and coverage of the tests for patentability requirements and grounds for invalidating patents.

In addition, this edition has been updated to take into account the enactment of the new civil procedure law, a number of new judicial interpretations, and significant developments in case law. New features of the work include an additional chapter on the conflict between competition law and patent law, a new chapter on employee remuneration litigation, and case studies of leading cases being inserted into the body of the text. Appendices include Chinese to English translations of the Patent Law of the People's Republic of China; Implementing Regulations of the Patent Law; and a Judicial Interpretation in relation to patent cases issued by the Supreme People's Court.

Readership: Primary market comprises patent practitioners from outside of China. A secondary market comprises Chinese patent practitioners

1: Introduction
2: Sources of Patent Law
3: Introduction to China's Administrative and Judicial System
4: Administrative Enforcement
5: Patents
6: Grounds for Invalidating a Patent
7: Patent Revocation Proceedings
8: Civil Litigation in China
9: Preliminary and Interlocutory Issues
10: Evidence
11: Patent Infringement Litigation - Utility Models and Invention Patents
12: Defences
13: Patent Infringement Litigation - Design Patents
14: Remedies
15: Anti-Monopoly Law and Standards
16: Employee Inventions
17: Appendices

Douglas Clark

Currently in practice as a barrister in Hong Kong.

Review(s) from previous edition

"Praise for the First Edition "Patent Litigation in China is good for knowing what is going on in the China patent world and it is great for knowing what to do in that world if you believe someone is infringing on your patent or if someone believes you are infringing on theirs. It is also an excellent book to read just for getting a sense of how China's courts operate." - China Law Blog