Erick Robinson's China Patent Blog
Erick Robinson's China Patent Blog
  • Blog
  • Contact
  • Blog
  • Contact

Great article on IPLaw360 by Matthew Bultman On Chinese Patent Litigation

4/19/2017

0 Comments

 
Picture
Excellent article on patent litigation in China, and it even includes several quotes from me:
  • “No place in the world can you spend less than a half-million dollars and get an injunction worldwide in less than a year,” said Erick Robinson, the director of patent litigation at Beijing East IP Ltd. “That’s the promise of China.”​
  • Long criticized as being lax in protecting intellectual property rights, China hasn’t always been the most attractive place for foreign companies to file patent suits. Even a few years ago, Robinson said, he wouldn’t have advised filing there.
  • In the past, “the words 'intellectual property' and China being used in the same sentence was usually in the form of a joke,” Robinson said. But in more recent years people “began to realize they were serious about putting forth a real enforcement scheme.”
  • But last year China’s highest court issued an important ruling that shifted the burden of proof in situations in which damages information is difficult to obtain. “It basically was a sea change because now all of a sudden, instead of everything by definition being capped at $150,000, you can take advantage of the damages law in China that prior to that ruling you couldn’t,” Robinson said.
  • Damages are “no longer a joke, which is interesting because the real reason to file in China until this has always been the injunction, which is virtually guaranteed,” Robinson said. “Now not only do you get the injunction, but you also get the possibility of legitimate damages.

Check out the full article here:  https://www.law360.com/ip/articles/914779/china-becoming-more-attractive-for-foreign-patent-owners

0 Comments



Leave a Reply.

    Picture
    Picture
    Follow @RobinsonErick

    Subscribe to the China Patent Blog by Email
    Welcome to the China Patent Blog by Erick Robinson.  Erick Robinson's China Patent Blog discusses China's patent system and China's surprisingly effective procedures for enforcing patents.  China is leading the world in growth in many areas.  Patents are among them.  So come along with Erick Robinson while he provides a map to the complicated and mysterious world of patents and patent litigation in China.  

    Author

    Erick Robinson is an experienced American trial lawyer and U.S. patent attorney formerly based in Beijing and now based in Texas. He is a Patent Litigation Partner and Co-Chair of the Intellectual Property Practice at Spencer Fane LLP, where he manages patent litigation, licensing, and prosecution in China and the US.

    Picture
    View my profile on LinkedIn

    Categories

    All
    5-year Plan
    Amendments
    Articles
    China
    China Patent Law
    China Supreme People's Court
    Chinese Antitrust Law
    Chinese Patents
    CNIPA
    Damages
    Foreign Patentees
    Government
    Huawei
    Intel
    Interdigital
    Other Blogs
    Qualcomm
    Royalties
    Semiconductor
    SEPs
    SIPO

    Archives

    February 2021
    January 2021
    December 2020
    September 2020
    May 2020
    December 2019
    November 2019
    October 2019
    July 2019
    May 2019
    March 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    July 2018
    June 2018
    May 2018
    November 2017
    October 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    July 2016
    June 2016
    April 2016
    March 2016
    February 2016
    December 2015
    November 2015



    ​Disclaimer:

    The ideas and opinions at ChinaPatentBlog.com are my own as of the time of posting, have not been vetted with my firm or its clients, and do not necessarily represent the positions of the firm, its lawyers, or any of its clients. None of these posts is intended as legal advice and if you need a lawyer, you should hire one. Nothing in this blog creates an attorney-client relationship. If you make a comment on the post, the comment will become public and beyond your control to change or remove it.

    RSS Feed