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

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Prior Art Defense Codified Statutory defense to infringement Infringement shall not be found if evidence exists proving that the accused infringing technology belongs to prior art Details provided in Supreme People’s Court’s draft Judicial Interpretation circulated in June 2009 – Single prior art shall be relied upon – Variations allowed under principle of doctrine of equivalence ©2009 Foley & Lardner LLP International Patent Exhaustion Previous law provided only for domestic exhaustion, applied to products sold by the patentee in China New law provides for both domestic and international exhaustion of patent rights – Importation of any patented product or product directly obtained from the patented process, after the said product is sold by the patentee or by its licensed entity, shall not be deemed an infringement upon a patent right – No distinction between restricted and unrestricted sales, so unclear whether parties can contractually avoid international exhaustion ©2009 Foley & Lardner LLP 15 16 8
Regulatory Exemption For Infringement (Bolar Exemption) Producing, using or importing patented medicine or patented medicinal equipment for the purpose of providing the information as required for administrative examination and approval, and producing and importing the patented medicine or patented medicinal equipment exclusively for the said purpose, shall not be deemed an infringement upon a patent right Similar to Hatch-Waxman exemption under U.S. law ©2009 Foley & Lardner LLP Damages Maximum statutory damages doubled to RMB 1 million (approximately $145K USD) The damages can also include the reasonable cost paid for stopping the infringement ©2009 Foley & Lardner LLP 17 18 9
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: Foreign Filing/Confidentiality Revi
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 and 20: Damages Chint (China) v. Schneider
Page 21 and 22: Chint - China’s IP Wisdom? (cont.
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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