Stop Copyists From Undercutting Your Innovation - Foley & Lardner ...

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Chint – What do we learn? Chint v. Schneider and Holley v. Samsung illustrate a trend towards higher damages awarded by Chinese courts – finally to a level to effectively deter infringement? Importance of forum – what is special about Zhejiang province? Failure to take advantage of the “utility model” patent system – In 2008, of the 226,000 utility model applications filed, < 1% were filed by foreign entities – Yet, these utility patents may well be enforceable ©2009 Foley & Lardner LLP Chint - China’s IP Wisdom? In 1999 – Hitachi, Panasonic, Mitsubishi, Time-Warner, Toshiba and JVC (6C) issued a statement alleging that various Chinese DVD player manufactories infringed about 2,000 patents owned by 6C. Chinese DVD manufacturers, without assessment of the merit of the allegation, agreed to pay $4 royalty per player. – Then other foreign companies followed, as of 2006, Chinese DVD manufacturers pay about $20 royalty for each player, which equals about $12.5B profit within 5 years. ©2009 Foley & Lardner LLP 39 40 20
Chint - China’s IP Wisdom? (cont.) In 2009 – China’s top 10 home appliance (TV) manufacturers retained Foley & Lardner and Scihead as preferred legal service providers to represent them in international and domestic IP matters. ©2009 Foley & Lardner LLP Damages Medium damage awarded is ~15% of the IP owner’s damage claim 1 Damage claims made by IP owners are already low compared to the US and compared to the degree of harm caused 1 Statutory damages that can be awarded by a court has been increased from 500K RMB to 1M RMB (~$146K) 1 “Intellectual Property Rights Protection in China: Trends in Litigation and Economic Damages,” NERA, http://www.nera.com/Publication.asp?p_ID=3693 Last accessed Oct 6, 2009 ©2009 Foley & Lardner LLP 41 42 21
Page 1 and 2: ©2009 Foley & Lardner LLP ©2009 F
Page 3 and 4: Overview of The Third Amendment to
Page 5 and 6: Third Amendment: Article 1 “[T]hi
Page 7 and 8: Foreign Filing/Confidentiality Revi
Page 9 and 10: Regulatory Exemption For Infringeme
Page 11 and 12: Patent Co-Owners’ Rights For a c
Page 13 and 14: Inventor Remuneration Invention an
Page 15 and 16: Design Patent Changes Heightened p
Page 17 and 18: The Dual-Track Enforcement System
Page 19: Damages Chint (China) v. Schneider
Page 23 and 24: Doctrine of Equivalents, Claim Cons
Page 25 and 26: Dongfang v. Jinling (cont.) The Ju
Page 27 and 28: 一、中国大陆专利商标代
Page 29 and 30: 一、中国大陆专利商标代
Page 31 and 32: 二、中国大陆知识产权服
Page 33 and 34: 三、中国大陆的一些专利
Page 35 and 36: 三、中国大陆的一些专利
Page 37 and 38: 五、专利无效与侵权诉讼
Page 39 and 40: 五、专利无效与侵权诉讼

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