智權快訊

Due to the current trend, it has been a common factor for the world's major companies to set up factories in China's, presently intellectual property has also been valued by investor according to their businesses environment, how to deal effectively with the Chinese patent infringement issues, it will become a much-needed to understand the topic, we cite the relevant considerations are as follows:

 

1.Processing institution
Presently if there is a patent dispute at China, it can be resolve by the government civil service or court; government civil services such as patent management departments are established in provincial first level, provincial capital, special economic zones and coastal free-trade cities, and the Court establishment provided at capital cities, special economic zones and A-Class people's Court provided in coastal free-trade cities

 

2. Processing mode
When proceeding patent infringement issues through government civil service, due to the sufficient expert in patent profession and patent legal staffs possess in the patent management departments, therefore you can quickly solve the related problems. When the infringer present evidence to revoke a patent to the Patent Office or the patent re-examination Board declaring invalid request, if the patent officer decided that the evidence is insufficient, the process can still continue provide fast handling and flexibility. As Court patent infringement issues, although it has direct enforcement effectiveness through the people's court proceedings, but practical professional technical, expert advice and identification are required so the overall requiring strenuous effort.

 

3. Evidence Collection
Should provide the patentee and the infringer relevant evidence, the patentee part including the patentee own patent certificate, patent document or patent licensing or patent transfer contracts, and the infringer including the infringing item, invoices, receipts, contracts, sales of brochures or technology comparison document.

 

4. Patent appraisal
Patentee through evaluation (decided to seek assistance from patent office or patent-related agencies or other organization) can confirm the reliability of the patent, when no flaw on the rights of patent, and timely proposed tort action is appropriate (advocate patent lawsuit, lines from the patentee or interested know or should have learned of the infringement period of two years. ) To avoid infringing the patent counterclaim the patentee is invalid, or otherwise circumvent the patentee of the patent claim, which result in the loss of the patentee.