Monday, 17 August 2015

Patent Litigation in China: a new edition

Patent Litigation in China, by Douglas Clark, is the second edition of this refreshingly readable and accessible paperback published from the US desk of Oxford University Press.  The author, a member of Hogan Lovell's China practice team for some two decades before heading off to the Hong Kong Bar, has an impressive array of experience under his belt, having litigated more than 100 pieces of patent litigation in China -- this representing just 5% of his total IP case load.

The text itself is lean, clean and unornamented, which makes it easy to navigate; it also spells out the problems facing litigants in China (whether foreign or domestic) in no uncertain terms. The problems are not limited to patent law, and include the difficulties faced in obtaining evidence and then having to explain in the clearest possible terms the significance of that evidence.

The publishers have this to say about the new edition:
The rise of China's economy has led to a substantial increase in disputes involving intellectual property rights, including patents. Not only are foreign companies suing domestic companies and domestic companies suing foreign companies, but patent disputes between foreign companies are also being litigated in the Chinese courts.

Patent Litigation in China, by Douglas Clark, provides U.S. and other non-Chinese practitioners with an overview of the patent litigation system in China. Strategic commentary is provided to enable those contemplating or involved in patent litigation in China to better comprehend the risks and challenges they face, as well as to ensure better decision-making by those responsible for bringing or defending patent actions. The book covers the tests for patentability grounds for invalidating patents before focusing on evidence gathering, litigation strategy and procedure, as well as considering defenses and remedies. The key differences between the Chinese, U.S. and other more mature patent systems are highlighted throughout the book.
The author tackles all the conventional aspects of patent law that one would expect, plus the relevant anti-monopoly rules and a separate section on patent litigation in Hong Kong. Appendices include Chinese-to-English translations of the Patent Law of the People's Republic of China, plus implementing regulations, judicial interpretations and various other significant items -- readers should however appreciate that the appendices occupy some 150 pages of the volume.

Bibliographic details: paperback, xxxi + 359 pages. ISBN 978-0-19-872444-5. Price £147.50; also available as an e-book. Book's website here.

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