About the Course:
With nearly one million patents filed annually in China and in view of the volume of patent litigation more than doubling since 2009, patents cannot be ignored in China. Neither can China’s unique legal landscape.
No doctrine of precedence. No notion of contempt of court. No discovery. No formal reporting requirements. High hurdles for submitting foreign evidence. Low reliability of accounting records which are necessary for calculating patent damage awards. Criminal consequences for writing legal opinions deemed to be contrary to public harmony. Local law firms owned by the Chinese government. Criminal enforcement of infringing activity.
This unique webinar imparts fascinating case studies and keen insights into all of the above issues as well as provides practical answers to questions such as:
- How important is venue selection when asserting patents in China?
- How can an alleged infringer quickly put an accusing patent-holder on the defensive?
- Which conditions can trigger the prosecution of infringers with criminal laws? Where does the range of administrative remedies available to repel infringers in China lie?
- How does the win rate of Chinese plaintiffs compare to the win rate for non-Chinese plaintiffs? In terms of damages awards?
- How capable and trustworthy are the judges that sit on the newly inaugurated intellectual property courts in China?
- How are patent damages calculated in China? What is the relative importance of statutory damages?
- What are the differences between invention and utility model patents in China? In terms of prosecution? In terms of the calculation of damages awards?
- What is the connection between trade exhibits and venue selection in China?
- How many look-back years can an owner of a Chinese patent use to calculate preceding damages from infringement?
- How can an owner of a non-Chinese patent cause an infringing product to be barred from being exported from China?
- What is happening in China with respect to aggravated infringement?
- Can Chinese patentees assert their patents merely as a means to conduct competitive intelligence?
- Why is the recordation of licenses important in China?
Course Leader: : Elliot Papageorgiou, Executive, Rouse
Elliot advises international companies on contentious and non-contentious intellectual property issues, with a special focus on IP protection strategy, litigation and enforcement in China. He has managed a range of trade mark and copyright, and especially patent litigation cases in China. His patent litigation briefs have included acting for some of Europe's largest engineering and manufacturing companies, acting for the global infrastructure and construction machinery industry, representing leading European construction equipment manufacturers, as well as several automotive technology companies.
Course Length: Approx. 1.5 hours
$295.00 PER USER
Need help purchasing this course? Please contact Neomi Barazani at 609-919-1895 ext. 100 or at email@example.com.