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. 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 inpatent litigation in China to better comprehend the risks and challenges theyface, 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 forinvalidating 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 ofthe 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 toApplication of Law to Adjudication of Cases of Patent Disputes. 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'scourts operate. INDICE: 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 PatentLaw 1.5 Patents in China 1.6 Weakness in the Chinese Patent System 2. Sourcesof 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 2.6Case Law 2.7 Supreme Court Judicial Interpretations and Opinions 2.8 Interpretations and Opinions of lower courts 3. Introduction to China's Administrativeand 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 PropertyChambers 3.8 Courts that handle patent cases 3.9 Appeals 3.10 The Judiciary 3.11. Adjudication Committees 4. Administrative Enforcement 4.1
- ISBN: 978-0-19-973025-4
- Editorial: Oxford University
- Encuadernacion: Rústica
- Páginas: 298
- Fecha Publicación: 25/08/2011
- Nº Volúmenes: 1
- Idioma: Inglés