Patent Litigation in China (2nd edition)

ISBN : 9780198724445

Douglas Clark
400 ページ
166 x 234 mm

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.


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


Currently in practice as a barrister in Hong Kong.