Navigating the Chinese Patent System: What U.S. Patent Counsel Need to Know, Leveraging Recent Amendments

Protecting IP Rights in China, Changes After the Phase One Trade Deal, Understanding Current Litigation Trends, and More

A live 90-minute premium CLE video webinar with interactive Q&A

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Thursday, November 17, 2022

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, October 21, 2022

or call 1-800-926-7926

This CLE webinar will guide U.S. patent counsel and companies on Chinese patent law and what they need to know about the Chinese system. The panel will address changes to the Guidelines for Examination and new draft amendments, current litigation trends, and the Anti-Unfair Competition Law (AUCL). The panel will offer U.S. companies and counsel best practices for increasing IP protection under the Chinese system.

Description

Protecting IP in China is essential to any global company's overall strategy. By obtaining and enforcing Chinese patents, U.S. companies can directly pursue alleged infringers in China. China may be favored for patent infringement litigation because patent infringement cases in China are fast-paced and low-cost and because Chinese IP courts are not reluctant to order injunctions. For example, the average time from filing to a verdict at Beijing's IP court is four months vs. the U.S. courts' two-plus years. U.S. companies and their counsel must understand the Chinese IP system to leverage its advantages effectively.

The China National Intellectual Property Administration (CNIPA) announced the newly amended Patent Examination Guidelines effective on Nov. 1, 2019, seeking to improve patent quality and efficient examination. In April 2020, the Supreme Court of the People's Republic of China published amended draft provisions regarding the interpretation of the patent law and its implementing regulations regarding the administrative litigation of patent rejections and invalidations.

In June 2021, the fourth amendment to PRC Patent Law came into force. The fourth Amendment of Patent Law introduced many important changes aiming at enhancing IP protection in China to support a world-class business environment. The fourth Amendment of Patent Law introduced several changes with respect to damages, such as introducing punitive damage and increasing statutory damage.

Additionally, the fourth Amendment of Patent Law also introduced the quasi-discovery order to produce documents to reduce the plaintiff’s burden of proof. To provide timely and efficient relief for the patentee, the fourth amendment improved the rules for preliminary injunction and adjusted the division of powers of administrative departments.

Further, companies seeking to protect intellectual property in China should also consider the AUCL. Used mainly by Chinese companies to resolve claims that should but cannot be addressed by current IP laws, Chinese authorities have increased enforcement of the AUCL, resulting in substantial fines for companies.

Listen as our authoritative panel of patent attorneys guides practitioners on Chinese patent law and the Chinese system. The panel will discuss the new amendments to the Guidelines for Examination and current litigation trends. The panel will also discuss the AUCL and offer best practices for U.S. companies and counsel to operate in the Chinese system and increase IP protection.

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Outline

  1. Chinese patent law and what U.S. patent counsel and companies need to know
  2. Guidelines for Examination amendments
  3. Key changes in the Fourth Amendment of the PRC patent law
  4. Current litigation trends
  5. Best practices for operating in the Chinese system to increase IP protection

Benefits

The panel will review these and other priority issues:

  • How the amendments to the Guidelines for Examination change patentability in China
  • The role of the AUCL in IP enforcement in China
  • Litigation trends in China and the advantages of using the Chinese IP system

Faculty

Luo, Rui
Rui Luo

Partner
Han Kun Law Offices

Mr. Luo's practice focuses on IP litigation and other related dispute resolution matters in China. He has extensive...  |  Read More

Moga, Thomas
Thomas T. Moga

Senior Counsel
Dykema

Mr. Moga has over 30 years of experience in domestic and international intellectual property portfolio development and...  |  Read More

Qin, Letao
Dr. Letao Qin

Partner
Rimon

Dr. Qin has extensive experience as a patent attorney. Focusing her practice in all aspects of patent and trademark...  |  Read More

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