Patent Litigation in China: Navigating the Chinese System and IP Courts
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Patent
- event Date
Thursday, January 16, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE course will offer guidance to counsel for companies operating in the Chinese market on asserting patents and avoiding and defending patent infringement litigation. The panel will also outline best practices for counsel involved in infringement disputes in China.
Ms. Feng is the director of Hogan Lovells (Shanghai) Intellectual Property Agency Service Co. Ltd. She advises numerous clients from diverse backgrounds on formulation and implementation of IP enforcement strategies in China through a combination of administrative, civil, and criminal actions. Ms. Feng also provides proactive advice and analysis on how to secure and obtain IP rights from the start-up of a business, and how to monetize IP rights when the business grows. She speaks frequently on IP issues and regularly contributes articles on development of international IP law.
Ms. Xu specializes in dispute resolution on IP rights, with special expertise on patents, trademarks, unfair competition, and antitrust issues. She is focused on frontier problems in dispute resolution on IP rights, and is skilled in using pioneering thinking as well as creative interpretation and application of the law to solve disputes. Ms. Xu was named Intellectual Property Lawyer of the Year by China Law & Practice in 2017.
There has been a significant increase in patent applications filed in China over the last few years. The China National Intellectual Property Administration (CNIPA) in 2018 received approximately 1.5 million invention patent applications. As the applications have grown, so has the patent litigation in China.
At the beginning of 2019, Supreme People’s Court of China opened its specialized Intellectual Property Tribunal. This tribunal handles all appeals related to patents except design patents. With the changes in the Chinese court system since 2014, now most patent infringement cases are heard by specialized intellectual property courts or tribunals throughout the country.
There are many differences between how patent infringement litigation is conducted in China and the U.S. For example, there is no discovery procedure in China. Also, Chinese courts handle claim construction at trial, and Chinese civil courts cannot invalidate a patent. Further, as the Chinese patent damages system develops, it is becoming more pro-plaintiff and more appealing as a forum for U.S. patent owners.
Listen as our authoritative panel of IP attorneys offers their insights and perspectives on patent litigation in China. The panel will review patent litigation in China, discussing how to navigate the differences between the Chinese and U.S. litigation systems. The panel will also offer best practices for minimizing the likelihood of litigation and if litigation is threatened.
- Patent trial system in China
- Patent litigation in China
- Evidence gathering (not discovery as in the U.S.)
- Invalidity proceedings
- Counterclaims
- Damages
- Settlement
- Best practices
- Steps to avoid litigation
- When litigation is threatened
The panel will review these and other key issues:
- The new patent trial system in China
- What steps can be taken to avoid patent infringement claims in China?
- What are the significant differences between litigation in the Chinese IP courts and the U.S. court?
- What are the best practices for patent suits in the Chinese courts?
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