Protecting Intellectual Property Rights in Chinese Courts: An Analysis of Recent Patent Judgments

Paper Carnegie Endowment
Summary
This Carnegie Papert analyzes the trends of successful and failed patent lawsuits and presents steps foreign companies can take to better protect their intellectual property in China.
Related Media and Tools
 

Greater scrutiny is expected of China’s intellectual property right laws as China’s major trading partners, the European Union and the U.S., will likely step-up demands for stronger protection. China and the EU have launched what promises to be at least a year-long negotiation over their trade relationship and other areas, while the new Democratically-controlled Congress is expected to take a close look at U.S.-China trade agreements.  Current violations of intellectual property rights in China have cost foreign companies billions of dollars. What can be done now to address such violations?

In a new Carnegie Paper, Protecting Intellectual Property Rights in Chinese Courts: An Analysis of Recent Patent Judgments, Dr. Mei Y. Gechlik, non-resident associate at the Carnegie Endowment, analyzes the trends of successful and failed patent lawsuits and presents steps foreign companies can take to better protect their intellectual property in China.

In an analysis of approximately 500 patent cases, Gechlik determines how likely foreign parties are to apply for judicial review to protect their patent rights, the chance of these parties winning their cases, and factors that influence their success in these lawsuits. 

Encouraging commitment to strengthening Chinese patent protections, Gechlik said: “Whenever China’s commitment to strengthening intellectual property rights is in doubt, the Chinese authorities should be reminded that one important determinant of a country’s economic development and its leading status in the world is its competency to develop advanced technologies.”

Click on icon above for the full text of this Carnegie Paper.

A limited number of print copies of this Carnegie Paper are available.
Request a copy

About the Author
Mei Ying Gechlik (Veron Hung)  is an associate in the Carnegie Endowment’s China Program. She has in-depth experience in Chinese law, and law and politics in the Asia-Pacific region. In academia and the private sector, she has studied such areas as legal reform in China, constitutional development in Hong Kong, human rights in Cambodia, and trade with China. 
 

End of document

About the Asia Program

The Carnegie Asia Program in Beijing and Washington provides clear and precise analysis to policy makers on the complex economic, security, and political developments in the Asia-Pacific region.

 
 
Source http://carnegieendowment.org/2007/01/24/protecting-intellectual-property-rights-in-chinese-courts-analysis-of-recent-patent-judgments/3l4i

Stay in the Know

Enter your email address to receive the latest Carnegie analysis in your inbox!

Personal Information
 
 
Carnegie Endowment for International Peace
 
1779 Massachusetts Avenue NW Washington, DC 20036-2103 Phone: 202 483 7600 Fax: 202 483 1840
Please note...

You are leaving the website for the Carnegie-Tsinghua Center for Global Policy and entering a website for another of Carnegie's global centers.

请注意...

你将离开清华—卡内基中心网站,进入卡内基其他全球中心的网站。