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Patent Law in Greater China: Second Edition 2nd edition [Kõva köide]

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This thoroughly revised second edition presents a comprehensive assessment of the recently revised patent law and related secondary legislation in the People’s Republic of China (PRC). It examines the latest policy and patent law related aspects in Greater China to reveal valuable insights into the evolving legal landscape. Highly experienced professionals in the field provide practical guidance on the latest practices in technology transfer, patent prosecution, the reformed employee inventions system in the PRC and patent litigation.



Key Features:

  • Evaluates China’s latest patent policy and strategy
  • Gives important insights on the latest developments concerning substantive patent law, as well as PCT and national patent application procedures
  • Analyzes emerging issues around standard-essential patents which are gaining traction in an increasingly globalized system
  • Explores developments in patent law in relation to specific areas, such as the pharmaceutical industry, as well as software- and AI-related inventions
  • Draws on extensive case law to shed light on claims interpretation and patent enforcement issues, including infringement and invalidation proceedings, dual enforcements by courts and administrative authorities
  • Explains the latest developments in utility model and design protection
  • Covers the latest patent system developments in the Special Administrative Regions of Hong Kong, Macao and Chinese Taipei, encompassing the entire Greater China region



This updated edition of Patent Law in Greater China is an essential resource for lawyers, patent attorneys and other practitioners, as well as policymakers active in the region with an interest in the broader context of patents as key intellectual property rights in an increasingly technology driven world.

Arvustused

'The patent landscape in China has changed dramatically in the past decade. This new edition of Patent Law in Greater China provides a timely reference to help us navigate these changes. Featuring expert contributors with diverse backgrounds and deep inside knowledge, the book provides comprehensive, contextualized analyses and strikes a good balance between scholarly analysis and practical tips. It should be on the desk of anybody handling patent matters in Mainland and Greater China. -- Peter K. Yu, Texas A&M University, USA It was in only in 1984 that China decided to have a modern IP system. Few in the West believed it would happen. This book shows it not only did but has become a major driver behind Chinas technical and economic growth. Any lawyer advising anyone doing business in or with China should get it. -- The Rt. Hon. Sir Robin Jacob, Faculty of Laws, University College London, UK This volume offers a comprehensive map of Greater Chinas evolving patent landscape, encompassing doctrine, enforcement, and policy. It traces legal intricacies, cross-border harmonization, and strategic tensions that shape innovation governance from Beijing to Taipei, Hong Kong to Macau. Essential reading for patent professionals and in-house counsel navigating IP strategy, compliance, and risk in a complex cross-border landscape. -- Toshiko Takenaka, University of Washington, USA This edition is an indispensable resource on patent law and litigation in China, Hong Kong, Macau, and Taiwan that sheds new light on significant developments since its first edition. Illuminating descriptions and analyses uncover the complex landscape of patent policy, including current issues of technology transfers and litigation of standard-essential patents. -- Marketa Trimble, University of Nevada, Las Vegas, USA

Contents
Preface to the second edition xxi
PART A PATENT PROTECTION IN THE PEOPLES REPUBLIC OF CHINA: GENERAL
1 Chinas patent policy 3
Stefan Luginbuehl
2 Technology transfer in China 27
Jyh-An Lee and Jingwen Liu
PART B SUBSTANTIVE PATENT LAW
3 Prerequisites for protection 59
Yuanshi Bu
4 Biotechnological, chemical and pharmaceutical inventions 83
Toby Mak
5 Software-related inventions 97
Peng Liu and Butian Ma
6 Employee inventions 135
Qian Ma and Berrit Roth-Mingram
PART C PATENT APPLICATION AND EXAMINATION PROCEDURE
7 Patent examination: a general outline 155
Ming Deng
8 PCT applications 197
Toby Mak
PART D PATENT ENFORCEMENT
9 Dual enforcement system and administrative patent infringement proceedings
213
Ye Zhao
10 Patent infringement procedures and remedies 225
Oliver Pfaffenzeller and Xia Pfaffenzeller
11 Damages and compensation in patent infringement proceedings 275
Binxin Li, Guangzhen Shang, Yue He, Yun Chen, Jacqueline Wang, Leon Li
12 Grounds and proceedings of patent invalidation and its interplay with
infringement
proceedings 291
Nils Heide
13 Patent litigation 331
Peter Ganea and Douglas Clark
14 The enforcement of standard-essential patents 357
Guobin Cui
PART E UTILITY MODEL AND DESIGN PROTECTION
15 Utility models 393
Ming Deng and Peter Ganea
16 Designs 423
Ming Deng
PART F PATENT PROTECTION IN CHINESE TAIPEI (TAIWAN)
17 General introduction to the patent system in Chinese Taipei (Taiwan) 459
George J. H. Huang
PART G PATENT PROTECTION IN HONG KONG SAR
18 Introduction to patent protection 541
Stefan Luginbuehl
19 Introduction to the patent litigation system 557
Douglas Clark
PART H PATENT PROTECTION IN MACAU SAR
20 Introduction to the patent system 575
Carlos D. Simões
Edited by Stefan Luginbuehl, PhD, Attorney at Law, Lawyer, Head of Department, European Patent Office, Germany and Peter Ganea, PhD, Deputy Director, Tongji Sino-European Innovation Policy and Law Research Center, Shanghai International College of Intellectual Property, China