@article{41764,
      author = {Luo, Dongchuan.},
      url = {http://tind.wipo.int/record/41764},
      title = {Selected Chinese Patent Cases},
      abstract = {When non-Chinese lawyers complain of “lack of  transparency” in China’s IP judicial system, what they  are actually complaining about is a lack of good  translations of Chinese judges’ decisions. Now at last,  two renowned and experienced US–China intellectual  property attorneys – both fluently bilingual – take the  giant step necessary to bring China’s modes of handling  intellectual property disputes into the international  mainstream with excellent translations of 20 landmark  Chinese patent-related cases, all decided during the past  10 years. Also included and translated are specially  commissioned commentaries by the exact judges who decided  each case, clearly explaining the “behind-the-scenes”  reasoning they used. The patent issues covered in these  cases include the following:  procedures and remedies for  patent infringement; determination of “a clerical  error”; how to determine similarity between designs; how  to properly submit and use evidence; amendments that change  the original technical solution; novelty and inventiveness;  avoiding improper “hindsight” in assessing  inventiveness; interpretation of a claim’s technical  terms; doctrine of claim differentiation; patent  infringement under the doctrine of equivalents; test  standard for deciding identity or similarity between  designs; prior art defense; use of a patented process for a  medical regulatory review; identifying the manufacturer and  seller involved in patent infringement; intentionally  manufacturing or selling customized key parts of a patented  product ; patentee’s liability for improper enforcement  of patent right; and preliminary injunction against the  import of a patented product. A detailed introductory  chapter authored by Justice Dongchuan Luo and two other IP  Judges explains the historical development of the Chinese  patent system and describes enforcement mechanisms and  procedures, both administrative and judicial. Appendices  provide English translations of the most important legal  sources of patent law in China. To some readers this  sophisticated body of modern Chinese patent law, with its  sensitivity to well-established international consensus,  will come as a revelation. To these and others, and  especially to patent law practitioners, jurists, and  academics worldwide, this book will quickly become a  cornerstone resource.},
      recid = {41764},
      pages = {xxvi, 328 pages  ;},
}