By Jeffrey Thurnau ( Assistant General Counsel for IP, Gates Corporation, USA) & Mia Qu (Partner, King & Wood Mallesons, Shanghai, PRC)
The intellectual property rights (IPR) protection of China has become a worldwide hot topic. China, as a manufacturing giant, will inevitably become a country with a large number of intellectual property related disputes related to manufacturing in transnational corporations (TNCs). Patent litigation is increasingly common in China. According to recent statistics, the number of intellectual property litigation cases in 2014 is about 133863, among which the number of patent litigation cases is about 10187. The authors of this paper participated in a patent litigation case in China through judgment as the Defendant and directly experienced patent litigation’s procedure and features in China. This paper intends to share with readers the authors’ observations and insights based on their personal experiences and will perhaps serve to address some of the concerns associated with patent litigation in China. This paper also provides some comparisons with United States (“U.S.”) practice.