Beijing IP Ct judge: foreigners won 100% of the cases they filed last year
Erick Robinson
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Erick Robinson
IP Partner at Brown Rudnick LLP; Leading Patent Trial Lawyer; Litigation Funding Expert
As reported by IAM, in a presentation given June 2, 2016, Judge Gang Feng of the Beijing Intellectual Property Court, provided an update on the IP Courts in China. Perhaps most interestingly, he stated that of 63 first instance (i.e., trial level/non-appellate) civil litigations with foreigner plaintiffs, the winning percentage was 100%. All 63 of these foreigner-filed cases were won! This compares to an overall winning percentage at first instance of 72.3% Although the number of patent cases among these were not stated, most are likely patent cases due to ...
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IP Partner at Brown Rudnick LLP; Leading Patent Trial Lawyer; Litigation Funding Expert
8yAgreed. There is nowhere in the world right now that is close to China regarding the win rate at trial. Although the invalidation rate for patents at the PRB is around 50%, most of these patents are very poor quality and should be invalidated. Among good quality patents, the invalidation rate is very low. Plus, an injunction can often issue before the PRB concludes its analysis. As for administrative actions, I'm not a fan. Any large case filed as an administrative case will be appealed to a court anyway, so I don't think it is worth the time. For smaller cases where an appeal is less likely admin enforcement may make more sense.
Partner, Patent attorney and attorney at law - Wu Feng & Zhang
8yit is good for foreign investors, while there is no data for administrative proceedings concerning patent and trademark validity.