Defining the Chinese Own IP litigation Path: a book review of "Study of Hot Issues of Intellectual Property Civil Litigation"

Defining the Chinese Own IP litigation Path: a book review of Study of Hot Issues of Intellectual Property Civil Litigation (Edited by Prof. Guangliang Zhang)

      Since the enactment of its Patent Law in 1984, the Chinese government has made considerable strides in laying legal foundations for future innovation-driven initiatives. After amendments in 1992, 2000, and 2008, the Chinese Patent Law now includes many provisions that meet international standards while trying to tackle new challenges experienced in other countries. For example, the Third Amendments to the Chinese Patent Law includes a new Article 48, which many believe as an attempt to combat patent troll. Similarly, the Chinese Trademark Law and Copyright Law have also been amended since their first enactment in 1982 and 1990, respectively. These laws, as well as other IP related provisions, continue to strengthen the Chinese IP legal system.

     However, despite these efforts, many patent practitioners and government officials in the West are still concerned about a lack of patent enforcements of intellectual property rights (IPR) in China.

     The truth is, like any sovereign nation, the Chinese government passes IPR laws to regulate and protect interests within its borders and serve its people. Some of the criticisms may be well-founded, but many have overlooked the fundamental differences in legal systems in many countries in the world and these differences don’t change quickly.

     This book, Study of Hot Issues of Intellectual Property Civil Litigation, gives western IP practitioners a sample of the issues that Chinese IP professionals are dealing with. It covers litigation topics such as personal jurisdictions, venue, forum shopping, parties’ conducts during litigation proceedings, evidentiary process, burden of proof, damages, and declaratory judgments of patent non-infringement. While some of these problems have frequently been discussed in the United States and elsewhere, this book illustrates that Chinese judges, lawyers and legal academia are also contemplating solutions to these problems. Best of all, this book is a bi-lingual Chinese-English collection of case studies edited by a former acting Chief Judge of Intellectual Property Tribunal in Beijing No. 1 Intermediate People's Court, Judge Guangliang Zhang.

     In editing the book, Judge Zhang selected topics that are of special interests by non-Chinese practitioners. For example, while as a judge, Judge Zhang was keenly aware of the lack of the discovery process in Chinese litigation. As such, he included specific articles devoted to evidence preservation and property preservation requests by a party in a lawsuit in Topic 3 of the book. In addition, Judge Zhang also addressed issues of damages in patent infringement lawsuits and included discussions of applicability and adoption of American’s declaratory judgment in China introduced in 2002. The book concludes with legislative suggestions to a new Declarative Judgment of Non-Infringement Law in China.

     Of course, revisions of Chinese laws and procedures will continue. China is going through an explosion of advancements in economy and technology, as well as in law. The Chinese legal scholars realize that more IPR litigation issues will test their legal system as the Chinese society evolves socially, economically and legally. One thing is certain; as the Chinese economy leaps forward, their legal system will also stays every step of the way to meet new challenges ahead. Book information: Study of Hot Issues of Intellectual Property Civil Litigation Edited by Professor Guangliang Zhang Pages: total 450 (187 in Chinese; 263 in English) ISBN 978-7-80247-222-8