With the 2021 amendment to China’s Patent Law in full force, and with rights holders adopting increasingly aggressive damages claims in China’s courts, there is much for businesses and IP professionals to keep abreast of.
As such, authors from Chang Tsi & Partners analyse the new Patent Law, as the country strives for a competitive IP protection platform on the global stage. Chinese courts are playing an active role in shaping global IP governance rules by issuing anti-suit injunctions and asserting their jurisdiction over SEP's global rate, further cementing China's position as a preferred destination for international IP litigation.
In light of this dynamic IP litigation landscape, experts from Wanhuida outline the various defence mechanisms patentees have at their disposal when facing infringement accusations in China.
And in a similar vein, authors from CCPIT Patent and Trademark Law Office use practical knowledge to illustrate the evidence rights holders need to effectively protect their IP and win significant damages in China.
Likewise, Liu, Shen & Associates' article weighs up the pros and cons of pursuing both civil litigation and administrative action when seeking IP protection in China.
HFG Law & Intellectual Property's experts analyse how the applicability of trademarks has evolved amid the widespread use of original equipment manufacturers in China by overseas companies.
Meanwhile, DEQI Intellectual Property’s article clarifies some of the complexities surrounding divisional application strategies in China.
In addition, authors from AFD China Intellectual Property Law Office review China’s recent high-level decisions on trademark ‘use’, with valuable lessons for infringement.
Finally, Kangxin Partners's article considers what patentees can do to prevent claims being declared invalid because their amendments go beyond the scope of the original application.
We hope you enjoy reading our expert commentary on all the important issues shaping China’s IP environment in 2023.
Click here to read all the chapters from Managing IP's China Special Focus 2023.
