Review 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
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.
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An essential guide to litigating patents in China
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
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Review 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
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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
Les mer
Currently in practice as a barrister in Hong Kong.
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
Les mer
Produktdetaljer
ISBN
9780198724445
Publisert
2015
Utgave
2. utgave
Utgiver
Oxford University Press
Vekt
604 gr
Høyde
234 mm
Bredde
166 mm
Dybde
23 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
392
Forfatter