IP Litigation in China

Navigating Complexities of the Dual-Channel Chinese System and Avoiding Infringement Claims

Recording of a 110-minute CLE webinar with Q&A


Conducted on Wednesday, February 6, 2013

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will offer guidance to counsel for companies operating in the Chinese market on avoiding IP infringement litigation. The panel will also outline best practices for counsel involved in infringement disputes in China.

Description

IP litigation in China is on the rise. The number of patent cases in China now exceeds those in the U.S. An increasing number of foreign companies are involved in suits in Chinese courts with domestic companies as well as other foreign companies.

The Chinese court system poses unique challenges. It is cheaper and faster to litigate in Chinese courts, but there are significant differences: there is no formal discovery process; rather, the parties have an evidence exchange day with trial shortly after in non-patent cases. Each party must produce their own evidence, and the defendant is initially given 30 days to submit evidence. Extensions are available but are monitored and not automatic.

Approaches effective in U.S. courts will not work in China. Counsel must understand the differences to carefully navigate the complexities of the Chinese system. Practitioners should also proactively advise clients on steps to avoid IP claims, such as defensive publications and design-arounds.

Listen as our authoritative panel of IP attorneys with experience in China markets examines what can be done to avoid IP infringement suits, discusses the steps to take if suit is threatened, and offers best practices for dealing with IP disputes in China.

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Outline

  1. Steps to avoid infringement litigation
    1. Product clearance
    2. Preemptive invalidity proceeding
    3. Filing patent applications
    4. Monitoring competitors’ patent portfolios, product development
  2. When litigation is threatened
  3. IP litigation in China
    1. Evidence gathering (not a U.S.-like discovery system)
    2. Challenging jurisdiction
    3. Invalidity proceedings
    4. Filing counterclaims
    5. Damages
    6. Settlement
  4. Best practices

Benefits

The panel will review these and other key questions:

  • What steps can be taken to avoid IP infringement claims in China?
  • What are the significant differences between the Chinese and U.S. court systems?
  • What are the best practices for IP suits in the Chinese courts?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Xu Jing
Xu Jing

Partner
King & Wood

She specializes in intellectual property litigation, alternative dispute resolution and intellectual...  |  Read More

Jones, Paul
Paul D. Jones

Principal
Jones & Co.

Mr. Jones advises on national and multi-jurisdictional trade-mark and domain name applications and disputes. He...  |  Read More

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