Blog

What is patent infringement and its remedies in China?

As an intellectual property lawyer with twenty years of experience practicing in China, I will provide a detailed overview of the forms of patent infringement and the remedies available in China. This article will discuss the forms of patent infringement in China, the remedies available for patent infringement, and the expertise of Michael Xu's legal team in patent infringement legal services.

I. Forms of Patent Infringement in China

Unauthorized Production and Sale

1. Manufacturing Infringing Products: Manufacturing patented products without the patent holder's permission.

2. Selling Infringing Products: Selling patented products in the market without the patent holder's authorization.

Import and Export of Infringing Products

1. Importing Infringing Products: Importing patented products into the Chinese market without authorization.

2. Exporting Infringing Products: Exporting patented products from China to other countries without authorization.

Use and Offer for Sale

1. Using Infringing Products: Using patented products or methods without the patent holder's permission.

2. Offering to Sell Infringing Products: Publicly declaring the intention to sell patented products without authorization.

Imitation and Technological Improvement

1. Direct Imitation: Imitating patented technology or products without the patent holder's permission.

2. Technological Improvement: Improving patented technology without the patent holder's authorization.

II. Remedies for Patent Infringement

Administrative Measures

1. Filing Complaints with the IP Office: Patent holders can file complaints with the China National Intellectual Property Administration (CNIPA) or local IP offices to seek administrative rulings and support.

2. Requesting Administrative Enforcement: Requesting IP administrative enforcement agencies to investigate and penalize the infringing activities.

Civil Litigation

1. Filing Patent Infringement Lawsuits: Patent holders can file lawsuits in the people's courts to seek cessation of infringement and compensation for damages.

2. Applying for Injunctions: During litigation, patent holders can apply for injunctions to require the infringer to stop the infringing activities immediately.

Mediation and Arbitration

1. Mediation: Resolving patent disputes through mediation to save time and costs.

2. Arbitration: Resolving patent disputes through arbitration to avoid lengthy litigation procedures.

Criminal Prosecution

Severe Infringement: For severe cases of patent infringement, the infringer may face criminal liability and be prosecuted.

III. Professional Services of Michael Xu's Legal Team

Michael Xu's legal team has over 15 years of extensive experience in patent infringement legal services in China. We are dedicated to providing comprehensive patent protection and enforcement solutions to help clients effectively safeguard their patent rights in the Chinese market.

Team Background

1. Michael Xu's legal team comprises experienced lawyers and patent experts specializing in patent infringement legal services for 15 years, accumulating extensive experience.

2. We have accumulated rich experience in handling patent infringement cases for well-known domestic and international companies, providing clients with the best legal solutions.

Professional Expertise

1. We stay abreast of the latest developments in patent protection laws and practices both domestically and internationally to provide clients with cutting-edge legal advice.

2. We excel at handling complex patent infringement investigations and claims, ensuring maximum protection of our clients' legal rights.

Success Stories

1. We have successfully managed numerous patent infringement cases for well-known domestic and international companies, effectively safeguarding their intellectual property.

2. Our professional services and outstanding results have earned unanimous recognition and high praise from our clients.

Through our professional services, foreign companies can ensure their patents are fully protected in China and receive the most professional legal support and solutions when facing patent infringement issues.

 


CATEGORIES

CONTACT US

Contact: Michael Xu

Phone: 13917219966

E-mail: xbtlawyer@outlook.com.com

Whatsapp:+86 139 1721 9966

Add: No.425 ,Yishan Rd,Xuhui District,Shanghai