Patent

Navigating China’s Court System: A Hierarchical Framework

Blogs, Patent /

China’s judiciary operates through a meticulously structured four-level pyramid: 1. Foundation: Primary People’s CourtsSpread across every county and urban district, these 3,140 local courts handle the vast majority of first-instance civil cases. Think of them as regional workhorses – they resolve disputes involving smaller claim amounts, local contracts, and routine matters. Their judges are appointed […]

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II Evidence Strategies in Chinese Patent Infringement Litigation: Navigating the “Evidence Is King” Principle

Blogs, Patent /

Website Notarization and Electronic Evidence Preservation Website notarization represents a formal process where a notary public utilizes specialized hardware and software tools to capture, record, and timestamp the real-time content of web pages and sequences of online actions (such as keyword searches, navigation through hyperlinks, form submissions, and data input). This process generates an authoritative

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I Evidence Strategies in Chinese Patent Infringement Litigation: Navigating the “Evidence Is King” Principle

Blogs, Patent /

In China’s judicial system, the fundamental principle of adjudication based on facts and law places evidence at the highest level of importance, often referred to as the “king of legal proceedings.” Unlike the United States, where pretrial discovery is common, China’s legal system requires plaintiffs to bear the burden of proof under the rule that

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Patent Infringement Established without Physical Product

Blogs, Patent /

This case introduces a novel litigation strategy for assessing patent infringement related to the use of large industrial equipment, particularly in situations where obtaining physical evidence is challenging. It also highlights the commitment of Chinese courts to address evidentiary difficulties faced by rights holders. Neutral Point Drift of Siemens AG The plaintiff, Siemens AG, has

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Jingce Case: Innovative Evidence Collection Techniques for Unconventional Industrial Products in Patent Infringements

Blogs, Patent /

In the patent infringement lawsuit involving Wuhan Jingce Electronics and Suzhou Haide Company, Jingce Electronics encountered a challenge in the initial trial. Our team, representing Jingce Electronics, achieved notable success during the appeal, convincing the Supreme People’s Court to totally reverse the original ruling of the first instance and fully support our main arguments. The

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Overview of Burden of Proof in China Patent Infringement Cases

Blogs, Patent /

General Rule In patent infringement cases, the burden of proof is outlined in Article 2 of the Supreme People’s Court’s Several Provisions on Evidence in Intellectual Property Civil Proceedings. In these civil intellectual property matters, including patent disputes, the plaintiff is responsible for the initial burden of proof, which requires them to present preliminary evidence

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