Hot debate over patent jurisdiction
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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