This book provides a comprehensive introduction to patent policy, law and practice in Greater China and is a go-to book for patent practitioners who have client interests in that region. Features: • Introduction to Chinese patent policy. • Detailed coverage of technology transfer and substantive patent law in China, including prerequisites for protection, exceptions and limitations. • Practical analysis of patent law relating to 3 specific fields of invention: employee inventions, biotechnological and pharmaceutical inventions, and software inventions. • Overview of the patent application and examination procedure, with a particular view on PCT applications. • Insight into specific characteristics of enforcement mechanisms and jurisprudence in China, including the dual enforcement system, claim interpretation, infringement types, and invalidity procedures. • Invaluable section on the relationship between patent and antitrust law, including practical realities in the sphere of anticompetitive licensing. • Overviews of the patent systems of Chinese Taipei, Hong Kong SAR and Macau SAR • Edited by two leading patent experts, and written by a team of experienced practitioners from China and from Europe, offering insight rarely brought together in a single place. This book will be an indispensable reference work for lawyers, patent attorneys and other practitioners interested in learning whether and how to protect patents in China.
Bibliography, etc. Note
Includes bibliographical references (pages 450-454) and index.
Formatted Contents Note
Part I: Patent Protection in the People’s Republic of China: General 1. China’s Patent Policy; 2. Technology Transfer in China Part II: Substantive Patent Law 3. Prerequisites for Protection; 4. Biotechnological, Chemical and Pharmaceutical Inventions I: General; 5. Biotechnological, Chemical and Pharmaceutical Inventions Ii: Support and Experimental Data; 6. Software-related Inventions; 7. Employee Inventions; 8. Exceptions and Limitations Part III: Patent Application and Examination Procedure 9. Patent Examination: A General Outline; 10. PCT Applications; 11. Confidentiality Examination Part IV: Enforcement 12. Dual Enforcement System; 13. Patent Infringement Procedures and Remedies; 14. The Interplay between Infringement and Invalidity Proceedings; 15. Chinese Characteristics of Claim Interpretation by Courts; 16. Predominantly Process-Patent Related Aspects of Infringement Part V: Market Power – Related Aspects 17. Chinese Anti-Monopoly Law; 18. Standard-Essential Patents and Injunctive Relief Part VI: Utility Model and Design Protection 19. Utility Models; 20. Designs Part VII: Introduction to the Patent Protection in Chinese Taipei (Taiwan) 21. Introduction to the Patent System in Chinese Taipei (Taiwan) Part VIII: Patent Protection in Hong Kong Sar 22. Introduction to the Patent System in Hong Kong Sar Part IX. Patent Protection in Macau Sar 23. Introduction to the Patent System in Macau Sar Index