Dr. Jacqueline Lui, President of Eagle IP Group, gave a talk titled “Patent War : A Case Study on the Viagra China Patent” at the HKBMIA Happy Hour event.
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Finally a unified “Court of Appeal” for technology IP in China
22 January 2019On October 26, 2018, China’s Supreme People’s Court (“SPC”) received approval to establish a specialized intellectual property court within the SPC to handle appeal cases involving technology-related IP for both civil (e.g., patent infringement) and administrative (e.g., patent invalidity) judgments. Technology-related IP includes invention patents, utility models, new plant species, IC design, trade secret, software, […]
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What Kind of Damage Awards Can You Get in China?
16 June 2022Is it worth filing for a patent in China? What kind of damage awards can you get? Pharma companies care more about injunction than damage awards, since it’s quite unlikely that any damage award can compensate for the large amounts of money that may be lost for patent infringement. Chinese courts often issue injunctions in […]
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SPC Upholds $2M RMB Award in China’s First Patent Case on a Biological Deposit
4 July 2022On 28 Feb 2022, China’s Supreme People’s Court (SPC) issued its annual “Judgment Digests”, which includes a list of “48 typical cases” highlighting representative SPC decisions in 2021. The Judgment Digests help us understand more about the SPC’s judicial ideology, trial concepts, and adjudication methods in dealing with difficult and sophisticated legal issues as well […]
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Narrow Claim Scope of a Chinese Utility Model Patent Fuels Design-Arounds by Failing to Curb Competing Products:
28 October 2020Learning from a 2019 China’s Top 50 Representative IP Case The number of patent applications in China is now the highest in the world, with more than half the applications filed as utility model applications (UMs). For example, there were more than 2 million UMs filed in 2018 alone (for the difference between a utility […]
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