by Zhang Xiaoxia  KING & WOOD MALLESONS

Preview:

On 27 February 2018, the General Office of the Central Committee of the Communist Party of China (CCCPC) and the General Office of the State Council issued the Opinions on Several Issues Concerning Heightening Reform and Innovation in Intellectual Property Right Trial Field. The second part of Article 2 specifically stresses two points: “First, adhering to the value orientation that intellectual property rights create value, and right holders deserve interests in return. A judicial determination mechanism for damages, with compensation as the principal means and punishment as the supporting means, shall be established, and the problem of “low-value compensation” in action against infringements on intellectual property rights shall be resolved first. Second, tightening punishment for infringements on intellectual property rights and reducing enforcement costs.
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By Song Xinyue and Ge Min, IP Litigation, Beijing

Allocation of burden of proof is an area of great concern in a process patent infringement dispute.  In practice, the accused infringing process is usually strictly controlled by the accused infringer and hard to approach, which poses great challenges for a patentee of a process patent to produce evidence and enforce its legitimate right.  Fortunately, a patentee of a process patent for manufacturing a new product doesn’t have to bother with producing evidence showing the defendant’s infringement, as the Patent Law and the Rules of Evidences in Civil Procedures both set forth that the accused infringer shall furnish proof to show that the process used in the manufacturing of its products is different from the patented process as long as the patentee can prove that the process patent directs to a new product and that the accused infringer have made identical products.  However, a patentee holding a process patent for manufacturing a known (not new) product will not be so lucky. 
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By Shi Bisheng, Guan Xiangyu,King & Wood Mallesons’ IP group

In October 2017, the China Food and Drug Administration (“CFDA”) released a series of documents regarding reform of China’s drug administration system. The aim – more access to cutting-edge pharmaceuticals at a lower cost. This new patent linkage system (“PLS”) is discussed in the following two important documents:
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By Ni Zhenhua King & Wood Mallesons’ IP group

The Chinese patent litigation market is currently booming, with one key driver behind this boom being that many foreign entities and multinational companies are now pursuing enforcement of their patents in China because of a perception that the Chinese government has created an increasingly attractive environment for patent enforcement, as symbolized by, among others steps taken, the recent establishment of specialized IP Courts in Beijing, Shanghai and Guangzhou.  These entities/companies, though increasingly enthusiastic and optimistic about patent enforcement in China, are generally not familiar with the Chinese legal system and may have concerns about local protectionism and uneven application of the law.  In this article I would like to share a list of those questions most frequently asked by our clients in relation to patent litigation in China, and provide some basic and preliminary answers thereto.


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By King & Wood Mallesons

20 May 2017, King & Wood Mallesons (KWM) was ranked as a Tier 1 law firm in both Patent and Trademark/Copyright in the Asian Legal Business (ALB) 2017 IP Rankings for the third consecutive year. Taking account of factors including volume, complexity and size of work undertaken, clients, team, and the firm’s year-on-year development and growth momentum, ALB concluded the final rankings in the two categories of patent and trademark/copyright. KWM’s IP team strengthens its leading position in both contentious and non-contentious by this ranking, with outstanding and first-class expertise and reputation among clients.
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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.
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By King & Wood Mallesons’ Healthcare Group

In April 2013, the Supreme People’s Court (“SPC”) issued the“Supreme People’s Court’s Annual Report of Intellectual Property Cases”, in which the SPC included 34 typical intellectual property and competition cases from 2012 and summed up 37 issues of application of law with universal significance. In this regard, we made a summary of the patent cases related to the pharmaceutical industry in the report, for the purpose of assisting pharmaceutical enterprises in drafting patent applications.
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By Susan Ning and Kate Peng

In August 2012, the State Administration for Industry and Commerce published the fifth draft of the Guidelines on Anti-Monopoly Law Enforcement in the Field of Intellectual Property (the “Draft Guidelines“). Although compulsory licensing is not expressly mentioned in the Draft Guidelines, many provisions therein seem to imply it being a possible remedy for relevant monopolistic conducts in the IP field. For example, where a dominant market player’s refusal to license has anti-competitive effects1, a compulsory license could be the right answer to the problem. However, the role to be played by the antitrust enforcement agencies in compulsory licensing is not clearly defined under the current legal system.

There are very limited provisions in the Chinese law with respect to compulsory licensing.
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作者:张维 金杜律师事务所知识产权

作为世界第二大经济体,中国逐步出现在世界经济舞台的中心,中国的经济和法制也不断发生变化。随着中国国家知识产权保护体系的不断完善,专利投入快速增长,越来越显示出中国创新政策的优势,专利申请也出现了自己的特色。中国公司也创造了大量专有的知识产权,并对外国公司和中国当地的竞争对手提起侵权诉讼。中国第三次专利法修正案[1] (“新专利法”)也在很多方面改变了中国专利实务和程序。

这些新变化对所有中国境内开展的公司将产生深远的影响,特别是发展很大程度上依赖知识产权的公司。应对这些重要变化的最好的方式是什么呢?中国境内公司在设计其中国专利战略时,至少要考虑到下述几点要素。


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