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Hot debate over patent jurisdiction

Managing Intellectual Property

Judges in China have expressed different views regarding whether a court in the place of receipt of goods has jurisdiction in patent infringement cases. Xiaolin Wang and Harlem Lu explain the issues

Forum shopping is an important issue in a patent infringement lawsuit in China. Under the Chinese Civil Procedure Law, a plaintiff in an infringement case shall file the litigation with a court at the place of infringement or at the place where the defendant is domiciled. However, it often happens that the alleged infringing manufacturer or seller is not in the jurisdiction where the plaintiff wishes to bring the litigation. Fortunately, the ever-growing online shopping business in China seems to provide an opportunity. That is, a patentee may, under the witness of a public notary, purchase the suspected infringing goods online and receive the goods at the place where the lawsuit is to be brought.

A typical scenario involves: (1) the alleged infringer (often the manufacturer or the seller) is not domiciled at the place of receipt; (2) the purchase is conducted online, usually at the alleged infringer's online store...

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