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Author : Beijing East IP Ltd
Publisher :
ISBN 13 :
Total Pages : 161 pages
Book Rating : 4.:/5 (893 download)
Download or read book China Patent Case Review 2014 written by Beijing East IP Ltd and published by . This book was released on 2014 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Yongbo Li
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403532645
Total Pages : 365 pages
Book Rating : 4.4/5 (35 download)
Download or read book Chinese Patent Law written by Yongbo Li and published by Kluwer Law International B.V.. This book was released on 2021-07-07 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Numerous non-Chinese entities seek patents in China, and allegations of infringement are not uncommon. In this invaluable guide to Chinese patent law and the rules applicable to infringement challenges, the authors—all members of a leading Chinese law firm with wide experience in advising foreign clients—bring their experience in real-world patent litigation, reinforced with an abundance of relevant case law, in order to introduce the Chinese patent regime in a systematic and practical manner. In their thorough analysis of the scope of protection of patent rights and invalidation procedures, supported throughout by detailed examination of patent infringement lawsuits, the authors clarify such essential elements of Chinese patent law practice as the following: assertion of a claim; choosing the basis of the right to sue; publicity of claims; principle of internal interpretation priority; correction of ambiguity in a claim; interpretation of claims defined by preparation methods; defining the effect of a sequence of steps of a process claim; meaning of “persons of ordinary skill in the art”; concept of “means plus function”; application of the All Elements Rule; determination of functional features; and doctrine of equivalents. Each doctrine and the underlying principle is thoroughly examined with reference to relevant court decisions. With this eminently practical and authoritative guide, corporate counsel and patent lawyers will proceed confidently through the Chinese patent application system, assess risks and opportunities, understand how precedents might affect their case, protect their rights in China once they have a patent, and handle infringement proceedings with full awareness of applicable principles and procedures.
Author : China. Zhuan li ju. Patent Re-examination Board
Publisher :
ISBN 13 :
Total Pages : 134 pages
Book Rating : 4.:/5 (318 download)
Download or read book China Patent Cases written by China. Zhuan li ju. Patent Re-examination Board and published by . This book was released on 1992 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Douglas Clark
Publisher : Oxford University Press, USA
ISBN 13 : 0199730253
Total Pages : 313 pages
Book Rating : 4.1/5 (997 download)
Download or read book Patent Litigation in China written by Douglas Clark and published by Oxford University Press, USA. This book was released on 2011-08-25 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Stefan Luginbuehl
Publisher : Edward Elgar Publishing
ISBN 13 : 1781954844
Total Pages : 523 pages
Book Rating : 4.7/5 (819 download)
Download or read book Patent Law in Greater China written by Stefan Luginbuehl and published by Edward Elgar Publishing. This book was released on 2014-08-29 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: øThis book provides a comprehensive introduction to patent policy, law and practice in Greater China and will be a go-to book for patent practitioners who have client interests in that region. Features: †øø øIntroduction to Chinese paten
Author : Dongchuan Luo
Publisher :
ISBN 13 : 9789041150141
Total Pages : 0 pages
Book Rating : 4.1/5 (51 download)
Download or read book Selected Chinese Patent Cases written by Dongchuan Luo and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the Chief Editor --About the Translators --Foreword --Preface --Translator's Preface --The Commentary Committee --Acknowledgment --Introduction to the Chinese Patent System --Administrative Patent Invalidity Cases --Patent Infringement Cases --Patent Law of the People's Republic of China (2008 Revision) --Implementation Regulations of the Patent Law of the People's Republic of China (2010 Revision) --Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Patent Infringement Dispute Cases --Several Provisions of the Supreme People's Court on Issues Concerning Applicable Laws to the Trial of Patent Controversies --Several Provisions of the Supreme People's Court for the Application of Law to Stop Infringement of Patent Right Before Instituting Legal Proceedings.
Author : Tilman Müller-stoy
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (116 download)
Download or read book Patent Litigation in the People's Reublic of China written by Tilman Müller-stoy and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Dan Prud‘homme
Publisher : European Chamber
ISBN 13 :
Total Pages : 235 pages
Book Rating : 4./5 ( download)
Download or read book Dulling the Cutting Edge: How Patent-Related Policies and Practices Hamper Innovation in China written by Dan Prud‘homme and published by European Chamber. This book was released on 2012-08-22 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study’s statistical analysis shows that patent quality and innovation in China deserve improvement, and an in-depth legal, management science, and economic analysis in the study shows that various patent-related policies and practices actually hamper patent quality and innovation in China. Over 50 recommendations for reform are provided. The study is divided into four chapters, summaries of which are as follows: Although China became the world leader in quantity of domestically filed patent applications in 2011, the quality of these patents needs improvement. Also, while certain innovation in China is rising, the country’s actual innovation appears over-hyped by some sources. There appears to be an overly heavy focus on government-set quantitative patent targets in China, which can hamper patent quality and innovation. This overemphasis involves over 10 national-level and over 150 municipal/provincial quantitative patent targets, mostly to be met by 2015, which are also linked to performance evaluations for SoEs, Party officials and government ministries, universities and research institutes, and other entities. China has a wide-range of other policies, many of which are at least partially meant to encourage patents, that can actually discourage quality patents, and highest-quality patents in particular, and innovation. Examples of these policies include a variety of measures with requirements for “indigenous intellectual property rights” that are linked to financial incentives (many of which are unrelated to government procurement); a range of other government-provided financial incentives for patent development (e.g. certain patent filing subsidies); inappropriate inventor remuneration rules; discriminatory standardization approaches; and a wide range of others. There are a host of concerns surrounding rules and procedures for patent application review and those for enforcement of patent disputes that can hamper building of quality patents and innovation in China. These include concerns about abuse of patent rights, difficulties invalidating utility models, and a wide range of other issues.
Author : Nan Zhang
Publisher : Springer Nature
ISBN 13 : 9811390274
Total Pages : 151 pages
Book Rating : 4.8/5 (113 download)
Download or read book A Confucian Analysis on the Evolution of Chinese Patent Law System written by Nan Zhang and published by Springer Nature. This book was released on 2020-07-08 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprehensively discusses the main features of the Chinese patent law system, which not only legally ‘transplants’ international treaties into the Chinese context, but also maintains China’s legal culture and promotes domestic economic growth. This is the basis for encouraging creativity and improving patent law protection in China. The book approaches the evolution of the Chinese patent system through the ancient Chinese philosopher Confucius’s classic principle, offering readers a fresh new way to understand and analyze Chinese patent law reforms, while also outlining how Confucian insights could be used to improve the enforcement of patent law and overall intellectual property protection awareness in China. It examines ancient Chinese innovation history, explores intellectual property from a Confucian perspective, and discusses the roots of Chinese patent law, as well as the past three amendments and the trends in the ongoing fourth amendment. In addition to helping readers grasp the mentality behind the Chinese approach to patent law and patent protection, the book provides an alternative research methodology and philosophical approach by demonstrating Confucian analysis, which provides a more dynamic way to justify intellectual property in the academic world. Lastly, it suggests future strategies for local industries in the legal, cultural and sociological sectors in China, which provide benefits for domestic and overseas patent holders alike. The book offers a valuable asset for graduate students and researchers on China and intellectual property law, as well as general readers interested in Asian culture and the philosophy of law.
Author : Xiang Wang
Publisher :
ISBN 13 :
Total Pages : 96 pages
Book Rating : 4.F/5 ( download)
Download or read book Chinese Patent Law and Patent Litigation in China written by Xiang Wang and published by . This book was released on 1998 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Xiaolan Ren
Publisher : Springer
ISBN 13 : 9789819711307
Total Pages : 0 pages
Book Rating : 4.7/5 (113 download)
Download or read book Legal Restatements and Comments on Patent written by Xiaolan Ren and published by Springer. This book was released on 2024-08-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book summarizes around 200 most recent patent administrative litigation cases concluded by the Intellectual Property Court of the Supreme People's Court of China in the form of restatements. It discusses the similarities and differences in claim construction, full disclosure, definiteness of claims, nature of reexamination and ex officio review in the context of recent patent administrative litigation cases. It is conducive to the implementation of unified review standards and achievement of a fair trial by using typical cases as guidance in the application of patent law. This book could be used as a reference book for judges, researchers, and practitioners.
Author : Ben Depoorter
Publisher : Edward Elgar Publishing
ISBN 13 : 1789903998
Total Pages : 1504 pages
Book Rating : 4.7/5 (899 download)
Download or read book Research Handbook on the Economics of Intellectual Property Law written by Ben Depoorter and published by Edward Elgar Publishing. This book was released on 2019 with total page 1504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.
Author : Douglas Clark
Publisher :
ISBN 13 : 9780191036507
Total Pages : 393 pages
Book Rating : 4.0/5 (365 download)
Download or read book Patent Litigation in China 2e written by Douglas Clark and published by . This book was released on 2015 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essential guide to litigating patents in China.
Author : Yahong Li
Publisher : Cambridge University Press
ISBN 13 : 1108170803
Total Pages : 289 pages
Book Rating : 4.1/5 (81 download)
Download or read book Patents and Innovation in Mainland China and Hong Kong written by Yahong Li and published by Cambridge University Press. This book was released on 2017-10-12 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do patents affect innovation in mainland China and Hong Kong? How can two patent systems operate within one country and how is innovation affected by the 'one country two systems' model? For the first time, this book links these challenging issues together and provides a comprehensive overview for government officials, law-makers, academics, law practitioners and students to understand the patent systems of mainland China and Hong Kong. Themes examined include the interaction between the two distinctive patent regimes, the impact of patents on innovation in China's specific industries such as green tech, traditional Chinese medicines and telecommunications, the role of utility models in inflating low-quality patents and the application of good faith principle in enforcing FRAND in mainland China, patent system reforms in Hong Kong, and the impact of these changes on innovation in the two vastly distinctive yet closely connected jurisdictions.
Author : Zhou Lin
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142819
Total Pages : 372 pages
Book Rating : 4.0/5 (411 download)
Download or read book China Court Cases on Intellectual Property Rights written by Zhou Lin and published by Kluwer Law International B.V.. This book was released on 2011-09-09 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents, in extraordinary detail, sixteen landmark cases that profoundly affect the protection of intellectual property rights in China. Written by six prominent Chinese legal scholars and jurists – including judges who themselves participated in these decisions – each case is fully described and analysed: the parties and their representatives, the basic facts, the facts ascertained by the court, the evidence presented by plaintiffs and defendants, the judges’ opinions with their arguments and reasoning, the unanimous conclusions, and the judgment, along with a wealth of deeply informed comment. Among the questions raised by these cases are the following: Is a website within the definition of a ‘work’ in copyright law, and thus protected? How should the acts of uploading and downloading of works from the Internet be classified? Can the concept of torts be applied in the Internet context? What is the legal liability of an Internet service provider? How is a defendant’s ‘unreasonable conduct’ to be determined? Who is responsible for the determination of ‘artistic value’ – e.g., of clothing designs? What evidence must be presented to serve as sufficient proof that a domain name is a party’s own creation? In what a manner should packaging and decoration be regarded? How should the ‘author’ in copyright conflict cases be identified? How should an unauthorized web link be judged? When do separate components assembled to create a product enjoy copyright protection? How should damages be determined? An introductory essay provides a detailed overview of the characteristics of China’s intellectual property law as it continues to develop, with attention to such factors as the specific laws enacted, the various courts and tribunals to which IP cases are assigned, the progress of a case, starting from filing to winding up, regulations, reform programs, and rules of evidence. The editor puts forward his own proposals – particularly in light of the so-called ‘interfering factors’ – on reform of civil trial style in intellectual property cases. It is difficult to overstate the value of this book to anyone involved in business dealings in China. With its authoritative expertise, abundant detail, and thorough elucidation of the salient features of developing IP law and practice in China, it will serve interested parties for years to come.
Author : William H.A. Johnson
Publisher : Business Expert Press
ISBN 13 : 1606494414
Total Pages : 87 pages
Book Rating : 4.6/5 (64 download)
Download or read book Innovation in China written by William H.A. Johnson and published by Business Expert Press. This book was released on 2015-07-22 with total page 87 pages. Available in PDF, EPUB and Kindle. Book excerpt: The word innovation is often used today regarding China, as if the concept were new to the Eastern country. Most people know, however, that China was a juggernaut in creating new technologies and at one time was the innovation king of the world- but that was at least seven centuries ago! Today, the great oriental power is attempting once again to take the throne of innovation for its own. This desire to usurp the throne, which had been diligently taken by the West during the Scientific Revolution, has placed an almost unrealistic emphasis on innovation. In Innovation in China: The Tail of the Dragon, the author explores the issues and actors involved in making innovation the emphasis in China. He uses a simple systems model of innovation and various perceptual lenses. The lenses are aimed at the historical, economic, political, legal, educational and cultural elements of an innovation-based society. After reading the book the reader will understand more about how innovation is happening in China and by whom. More importantly, the reader will begin a journey of learning more about where the country is going as it relentlessly continues its drive to create an innovation-based society and to become once again, in terms appropriate to its history, the ‘Emperor of Innovation’.
Author : Kung-Chung LIU
Publisher : City University of HK Press
ISBN 13 : 9629373076
Total Pages : 470 pages
Book Rating : 4.6/5 (293 download)
Download or read book Annotated Leading Patent Cases in Major Asian Jurisdictions written by Kung-Chung LIU and published by City University of HK Press. This book was released on 2017-06-06 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first of its kind, this book presents a comprehensive collection of leading patent cases from nine major Asian jurisdictions which are analyzed by eminent scholars and legal practitioners from Asia, Germany, and the United States. It contains thirty case reports covering six topics which best reflect the current trends in Asia in patent law, namely specialized IP court (or division), compulsory licensing, the intersection between patent law and competition law, injunction, damages, and choice of jurisdiction and law in cross-border patent litigation. Each case report explores a landmark case by deconstructing the legal background and the legal reasoning of the decisions, and then discussing the commercial and/or industrial ramifications. The present volume is a useful guide for practitioners, lawyers, and judges alike, a primer for students and businessmen entering the IP world, and a reminder for policymakers, both within Asia and further afield.
