China is becoming an arena of significant importance where
companies are taking advantage of patent portfolios against
competitors. According to "2012 Intellectual Property Rights
Protection in China" issued by State Intellectual Property
Office of China, in 2012, local people's courts around China
accepted 9,680 patent civil cases, with year-on-year increase of
In this circumstance, we have been receiving more and more
questions regarding patent infringement lawsuit in China. On one
hand, some questions relate to remedies the Plaintiff may seek
during the patent litigation. On the other hand, some questions
relate to countermeasures the Defendant may take to withstand the
attacks of the Plaintiff. Some of the questions include: Whether
injunctions can be enforced before an appeal has concluded? Whether
there is any preliminary injunction procedure in China to permit
Plaintiff to enforce an injunction and shut down Defendant's
work before the conclusion of an appeal? What is the timing between
any verdict of infringement and a patentee's ultimate ability
to enforce an injunction? How often Defendants with legitimate
businesses are enjoined if they are found to infringe, as opposed
to counterfeiters or other parties who are not likely able to
satisfy a judgment?
To resolve the above questions, we produce this article.
Particularly, we outline in this article all the possible remedies
Plaintiff could seek against Defendant before the people's
court; analyze governing laws, judicial interpretations, and
opinion of local appellate court (in this article, we take High
People's Court in Jiangsu Province as example) on these
remedies; and finally comment on countermeasures Defendant could
adopt to defeat all these remedies. In the end of the article, we
will provide answers to the above questions.
This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
Department of Industrial Policy and Promotion recently issued an office memorandum pursuant to receiving representations from various stakeholders for guidance with respect to the applicability of the provisions of Section 31D of the Copyright Act, 1957.
An Invention Disclosure Form is the documentation of the invention. This is a means to document particulars of your invention and submitting it to the patent attorney who is filing your patent application.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
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