How To Obtain Effective Evidence in Chinese Patent Litigation: My Tips

My latest article is now available at Managing IP.  For a PDF copy, click here.

Summary:
There are many benefits to litigating in China, ranging from the vast size of the market and its key role in manufacturing many products to high win rates and low costs. But one drawback for many overseas patent owners is the lack of discovery or a similar process for obtaining evidence; this can be a significant obstacle to proving a case. Moreover, Chinese courts are known for being strict regarding what evidence is accepted. However, there are numerous varieties of evidence that are accepted in China including: documentary evidence, material evidence, witness testimony, expert conclusions and records of inquests. In many cases, notaries and private investigators have a vital role to play in obtaining and securing evidence in patent cases, and this requires careful management by the patent owner and its legal representatives.

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