Patent
Focus on the Strategy of Patent Standardization ------ Specialized Legal Services in Audio Video Coding Industry
Submitted by Zhong Yi on Wed, 10/28/2009 - 22:56Author: Zhong Yi[1]
[ Abstract ] DVD, CDMA, ATSC and other technical standards which contain patent technologies shocked us repeatedly with the power of patent standardization. In the light of the OutlineNational Intellectual Property Strategy, central and certain provincial governments successively carried out policies and measures to promote and encourage "Technology Patentability, Patent Standardization" and meanwhile TD-SCDMA, UOML, AVS and other industry alliances alike have fruitful achievements concerning the development of Patent Standardization. A burgeoning area of legal service emerges in the absence of corresponding legislation. This paper, with the perspective of establishing specialized legal services in the audio video coding industry, discusses how lawyers prepare for the ever-increasing requirements of legal services under the strategy of implementing and coping with Patent Standardization.
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THE FIRST, THE WINNER —— COMMENTS ON THE PATENT STANDARDIZATION STRATEGY UNDER NEW PATENT LAW
Submitted by Zhong Yi on Tue, 09/29/2009 - 18:12Author: Zhong Yi, Shanghai Runhe Law Firm [ This article first published in the LexisNexis "China Legal Review" ]
Standardization, whether compulsory or recommendatory, is the general applicable threshold for the entry of market by certain products, while the patent, as a kind of legitimate monopoly, characterized as exclusiveness and utilization with payment. Therefore, if combined, “Patent Standardization” may be the “nuclear weapon” used by patent owner for the control of industrial chain, market monopoly and super-profit. DVD, CDMA, ATSC and other technical standards attaching patent rights show us the powers of Patent Standardization, which attracts various nations grabbing such scarce resources for the interests of its own nationals.
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Offering for Sale in the Design Infringement
Submitted by Katherine on Sat, 06/06/2009 - 20:41Author: Zhong Yi, Liu Jiayin [Shanghai Runhe Law Firm]
1. Case Introduction
Court: Intermediate People's Court of One City
Plaintiff: Company A (Patentee)
Defendant: Company B (Infringer)
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Securing your patents in China
Author: Ma Ning (马宁) ; Source:chinalawinfo.com
In spite of the problems companies have in enforcing their patents in China, they are sometimes critical to prevent others from patenting your product.
The big risk: If another company patents your idea first, it can turn around and sue you for infringement. It isn''t as much about getting a patent in China as preventing other people from getting one. The Chinese government is trying to better enforce patents, so having a Chinese patent may be worth more in the future.
Research into Patent Pool and the Measures against It --- ABSTRACT
Submitted by Yolanda on Fri, 02/06/2009 - 17:29I've been inspired with the research into patent pool when I knew about domestic DVD enterprises suffering from huge license fees under patent pool. At the beginning of undergraduate study of IPR, I preferred copyright to patent. I realized that the point of intellectual property was application rather than phrasemongering after taking exercitations for some time so that I began to pay attention to patent issues.
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China Patent Law Overview
Submitted by Zhong Yi on Wed, 06/25/2008 - 17:29Patent Law of the People's Republic of China (2000)
( Amended for the third time by the Decision Regarding the Revision of the Patent Law of the People's Republic of China, adopted at the 6th Session of the Standing Committee of the Ninth National People’s Congress on December 27, 2008)
