Selected Chinese Patent Cases

Author:   Dongchuan Luo ,  Haining Song ,  Seagull Haiyan Song
Publisher:   Kluwer Law International
ISBN:  

9789041150141


Pages:   328
Publication Date:   19 May 2014
Format:   Hardback
Availability:   In stock   Availability explained
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Selected Chinese Patent Cases


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Overview

"When non-Chinese lawyers complain of ""lack of transparency"" in China's IP judicial system, what they are actually complaining about is a lack of good translations of Chinese judges' decisions. Now at last, two renowned and experienced US - China intellectual property attorneys - both fluently bilingual - take the giant step necessary to bring China's modes of handling intellectual property disputes into the international mainstream with excellent translations of 20 landmark Chinese patent-related cases, all decided during the past 10 years. Also included and translated are specially commissioned commentaries by the exact judges who decided each case, clearly explaining the ""behind-the-scenes"" reasoning they used. The patent issues covered in these cases include the following: procedures and remedies for patent infringement; determination of ""a clerical error""; how to determine similarity between designs; how to properly submit and use evidence; amendments that change the original technical solution; novelty and inventiveness; avoiding improper ""hindsight"" in assessing inventiveness; interpretation of a claim's technical terms; doctrine of claim differentiation; patent infringement under the doctrine of equivalents; test standard for deciding identity or similarity between designs; prior art defense; use of a patented process for a medical regulatory review; identifying the manufacturer and seller involved in patent infringement; intentionally manufacturing or selling customized key parts of a patented product; patentee's liability for improper enforcement of patent right; and preliminary injunction against the import of a patented product. A detailed introductory chapter authored by Justice Dongchuan Luo and two other IP Judges explains the historical development of the Chinese patent system and describes enforcement mechanisms and procedures, both administrative and judicial. Appendices provide English translations of the most important legal sources of patent law in China."

Full Product Details

Author:   Dongchuan Luo ,  Haining Song ,  Seagull Haiyan Song
Publisher:   Kluwer Law International
Imprint:   Kluwer Law International
ISBN:  

9789041150141


ISBN 10:   9041150145
Pages:   328
Publication Date:   19 May 2014
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In stock   Availability explained
We have confirmation that this item is in stock with the supplier. It will be ordered in for you and dispatched immediately.

Table of Contents

About the Chief Editor. About the Translators. Foreword. Preface. Translator's Preface. The Commentary Committee. Acknowledgments. CHAPTER 1 Introduction to the Chinese Patent System CHAPTER 2 Administrative Patent Invalidity Cases. CHAPTER 3 Patent Infringement Cases. APPENDICES.

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