China’s Five-Year Plan calls for the development of a Chinese-style socialist rule of law that also has an impact abroad. The country is to distinguish itself as a first-choice jurisdiction for resolving cross-border disputes and promote the application of Chinese law abroad. International legal and regulatory norms should be amended and the Chinese legal system… Continue reading Patents and Data: Extraterritorial Effect of Chinese Laws
Tag: dispute
Anti-Suit Injunction (ASI): The Global Legal Battle over SEP Licenses
A new global trade war is brewing between China and the West over licenses for standard essential patents (SEPs), which are supposed to be granted under FRAND (fair, reasonable and non-discriminatory) terms. Chinese companies are increasingly trying to obtain cheaper licenses for their cell phones via anti-suit injunctions (ASI). Experts are already talking about an… Continue reading Anti-Suit Injunction (ASI): The Global Legal Battle over SEP Licenses
China Is Creating a Huge Reservoir of Prior Art
When it comes to patents, the U.S. increasingly finds itself at a disadvantage in the innovation race with China. For example, AI patent applications from China significantly outpace those from the U.S., which means that China’s patent applications hurt U.S. innovators because they create a huge reservoir of “prior art.” This dramatically increases the amount… Continue reading China Is Creating a Huge Reservoir of Prior Art
Settlement as A Choice of IP Infringement Case in China
For many foreign companies, after IP infringement is discovered in China, filing a lawsuit to order the infringer to stop infringement and pay damages is the best way to resolve the problem. However, in Chinese judicial practice, settlement negotiations, if used properly, can not only effectively resolve disputes, but can even achieve goals that litigation… Continue reading Settlement as A Choice of IP Infringement Case in China
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