China: WAN HUI DA Speaks At MIP IP In Asia Forum 2017
Last Updated: 6 July 2017

The MIP IP in Asia Forum 2017 is held in Washington DC and Palo Alto on June 6 and June 8, 2017. The program addresses the major issues at hand and encourages participation and debate on all of the pertinent topics and technical matters from the varied perspectives of a wide range of stakeholders. The event offers multinational corporations cutting edge guidance on handling IP portfolios in a globalized world by bringing together world leaders in corporations, industry associations and leading legal experts to discuss and impart valuable knowledge.

WAN HUI DA Senior Partners Dr. S. Sam Li and Jason Yao speaks at the event in both cities on "China Patent Litigation Highlights & The Judicial Interpretations" and "Best Practices in Fighting Counterfeits in China"/"Strategic Advices on IP Litigation in China" at the panel featuring "An overview of patent and trademark protection in China".

In a wide-ranging session on patent and trade mark strategies, Sam discusses the Judicial Interpretation II of 2016. He said this aimed to achieve a better drafted, better quality of patent: "It imposes a duty on the patentee to draft clear claims. Anything added to the claim will be outside the scope of protection." Judicial interpretations are important, said Sam, as case law develops in China, especially in the new specialised IP courts. One area where this is important is in the calculation of damages, and the evidence required to show damages.

The importance of evidence collection was echoed by Jason, who pointed out that there is no discovery in China and that evidence must in general be notarized. He also commended alternative means of action, such as administrative enforcement and Customs: "China Customs may be the best in the world - and once they seize the goods, that can be very good evidence to put before court and it does not need notarization."

Other weapons available to China's judges include black lists and travel restrictions on convicted offenders. "Work with the government" and "work with attorneys and investigators you can trust", were two of his tips.

Sam also serves as the moderator of the panel.

The firm's Patent Counsel Gu Xueni and Trademark Counsel Hu Meili also attend the event.

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