Details
- Provides an overview of the patent litigation system in China with strategic commentary
- Provides an overview of patentability requirements and their application in invalidation proceedings
- Features an entire chapter devoted to evidence and the crucial role of evidence gathering
- Provides an overview of the steps necessary to prove infringement, defenses and remedies
- 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, provisions of the Supreme People's Court, and more
- Includes appendices of Chinese to English translations of the patent law of China, implementing regulations of the patent law, provisions of the Supreme Peoples Court, and more
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.
Readership: U.S. and foreign attorneys, both firm and in-house, who are seeking a fundamental treatment of patent litigation in China; Senior executives seeking a better understanding of the Chinese patent system to understand cases their companies are involved in; Academics and students seeking a text book for understanding the Chinese patent litigation system. Senior executives seeking a better understanding of the Chinese system
Contents
1. Introduction
1.1 Intellectual Property Rights in China
1.2 Scope of this book
1.3 History of Patent Law in China
1.4 Modern Patent Law
1.5 Patents in China
1.6 Weakness in the Chinese Patent System
2. Sources of Patent Law
2.1 Principal Legal provisions covering patent law
2.2 Other Relevant Legislation
2.3 Amendments to the Law
2.4 Re-numbering of Articles after amendment
2.5 Transitional provisions applying to most recent amendments
2.6 Case Law
2.7 Supreme Court Judicial Interpretations and Opinions
2.8 Interpretations and Opinions of lower courts
3. Introduction to China's Administrative and Judicial System
3.1 Introduction
3.2 Administrative System
3.3 Judicial System
3.4 State Intellectual Property Office
3.5 Patent Review and Adjudication Board
3.6 Structure of the Chinese Judicial system
3.7 Intellectual Property Chambers
3.8 Courts that handle patent cases
3.9 Appeals
3.10 The Judiciary
3.11. Adjudication Committees
4. Administrative Enforcement
4.1
Douglas Clark, Sole Practitioner
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.
"There is a need for a comprehensive and authoritative monograph on patent litigation in China. This book, being the first on the subject, fulfills exactly that need. Douglas Clark is one of the most qualified practitioners to write such a book. The book not only covers all the legal aspects of litigating patents in China, but also includes Clark's real-life perspective on China. This is a must-have desktop reference for anyone who has an interest in understanding and learning patent litigation in China."
--Benjamin Bai
Allen & Overy LLP, Shanghai
"Anyone working on China-related IPR issues realizes that there is no shortage of material on the subject. What sets this book apart is its comprehensive, yet concise and practical treatment of the PRC patent enforcement mechanisms. Douglas Clark's years of experience in China and his commercial flair are evident throughout. This is a resource that belongs on the shelf of every IP practitioner working in China."
--Brenda J. Panichi
Head, APAC Intellectual Property
Syngenta Asia Pacific Pte. Ltd.
"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...I highly recommend Patent Litigation in China."
--Dan Harris, China Law Blog, www.chinalawblog.com
"This is an extremely useful guide for attorneys who want to proactively address the considerable challenges and risks associated with pursuing patent litigation in China. The coverage of the topic is both thorough and informative."
--Stephen Jenei, Patent Baristas, www.patentbaristas.com
