Patent Litigation in China

Paperback | September 6, 2015

byDouglas Clark

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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 Chinesecourts. 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 tobetter 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 patentlaw, 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 JudicialInterpretation in relation to patent cases issued by the Supreme People's Court.

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From the Publisher

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 Chinesecourts. The first edition of Patent Litigation...

Douglas Clark is currently in practice as a barrister in Hong Kong.

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Format:PaperbackDimensions:320 pagesPublished:September 6, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198724446

ISBN - 13:9780198724445

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Table of Contents

1. Introduction2. Sources of Patent Law3. Introduction to China's Administrative and Judicial System4. Administrative Enforcement5. Patents6. Grounds for Invalidating a Patent7. Patent Revocation Proceedings8. Civil Litigation in China9. Preliminary and Interlocutory Issues10. Evidence11. Patent Infringement Litigation - Utility Models and Invention Patents12. Defences13. Patent Infringement Litigation - Design Patents14. Remedies15. Anti-Monopoly Law and Standards16. Employee Inventions17. Appendices

Editorial Reviews

Review from previous 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 anexcellent book to read just for getting a sense of how China's courts operate." --China Law Blog