
Patent Litigation in China 2e
Douglas Clark(Author)
Oxford University Press
2nd Edition
Published on 6. August 2015
Book
Paperback/Softback
392 pages
978-0-19-872444-5 (ISBN)
Description
The rise of China's economy has led to a substantial increase in disputes involving intellectual property rights, including patents. Not only are foreign companies suing domestic companies and vice versa, but patent disputes between foreign companies are also being litigated in the Chinese courts.
The first edition of Patent Litigation in China provided practitioners from outside China with an essential guide to litigating patents in China. This edition offers many of the same features, including a strategic commentary to enable those contemplating or involved in patent litigation in China to better comprehend the risks and challenges they face, sections on invalidation procedures, evidence gathering, litigation strategy and procedure and defences and remedies, and coverage of the tests for patentability requirements and grounds for invalidating patents.
In addition, this edition has been updated to take into account the enactment of the new civil procedure law, a number of new judicial interpretations, and significant developments in case law. New features of the work include an additional chapter on the conflict between competition law and patent law, a new chapter on employee remuneration litigation, and case studies of leading cases being inserted into the body of the text. Appendices include Chinese to English translations of the Patent Law of the People's Republic of China; Implementing Regulations of the Patent Law; and a Judicial Interpretation in relation to patent cases issued by the Supreme People's Court.
The first edition of Patent Litigation in China provided practitioners from outside China with an essential guide to litigating patents in China. This edition offers many of the same features, including a strategic commentary to enable those contemplating or involved in patent litigation in China to better comprehend the risks and challenges they face, sections on invalidation procedures, evidence gathering, litigation strategy and procedure and defences and remedies, and coverage of the tests for patentability requirements and grounds for invalidating patents.
In addition, this edition has been updated to take into account the enactment of the new civil procedure law, a number of new judicial interpretations, and significant developments in case law. New features of the work include an additional chapter on the conflict between competition law and patent law, a new chapter on employee remuneration litigation, and case studies of leading cases being inserted into the body of the text. Appendices include Chinese to English translations of the Patent Law of the People's Republic of China; Implementing Regulations of the Patent Law; and a Judicial Interpretation in relation to patent cases issued by the Supreme People's Court.
Reviews / Votes
Review from previous edition Praise for the First Edition"Patent Litigation in China is good for knowing what is going on in the China patent world and it is great for knowing what to do in that world if you believe someone is infringing on your patent or if someone believes you are infringing on theirs. It is also an excellent book to read just for getting a sense of how China's courts operate." - China Law Blog
More details
Edition
2nd Revised edition
Language
English
Place of publication
Oxford
United Kingdom
Target group
Professional and scholarly
Edition type
Revised edition
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 21 mm
Weight
594 gr
ISBN-13
978-0-19-872444-5 (9780198724445)
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Schweitzer Classification
Other editions
Additional editions

Douglas Clark
Patent Litigation in China 2e
E-Book
08/2015
1st Edition
OUP Oxford
€150.00
Available for download

Douglas Clark
Patent Litigation in China 2e
E-Book
08/2015
1st Edition
OUP Oxford
€150.00
Available for download
Person
Currently in practice as a barrister in Hong Kong.
Content
1. Introduction ; 2. Sources of Patent Law ; 3. Introduction to China's Administrative and Judicial System ; 4. Administrative Enforcement ; 5. Patents ; 6. Grounds for Invalidating a Patent ; 7. Patent Revocation Proceedings ; 8. Civil Litigation in China ; 9. Preliminary and Interlocutory Issues ; 10. Evidence ; 11. Patent Infringement Litigation - Utility Models and Invention Patents ; 12. Defences ; 13. Patent Infringement Litigation - Design Patents ; 14. Remedies ; 15. Anti-Monopoly Law and Standards ; 16. Employee Inventions ; 17. Appendices