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New
- Is Patent Marking the Patent Owner’s Right or Statutory Duty?
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Patent marking statutes in the U.S. and China take completely different stances. In the U.S., patent marking requires an affirmative act of the patentee to mark her products, and failure to comply with patent marking may drastically limit the past damages afforded to the patentee before a litigation on patent infringement had begun. In contrast, patent marking in China only gives the patentee the right, rather than the obligation to mark, whereas the patentee may be entitled to a fully recovery of past damages regardless of whether or not she has done patent marking.
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New
- China's top 20 patent cases of 2020
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China's Supreme People's Court has recently released the top 10 Intellectual Property Cases and 50 representative IP cases of 2020.
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- Regulating 'Big Tech': EU's DSA and DMA initiatives
- The DSA and DMA Regulations will, however, effect an important change for digital businesses in Europe and beyond.
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- Patent infringement liability insurance: the application of professional liability in patent opinions
- The paper takes views of patent infringement liability insurance to bring up issues on the professional liability of the legal opinion.
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- Legal regulations on the counterfeiting of social media accounts
- The author will discuss the above issues in combination with the legislative dynamics, judicial practice, and digital risk protection practice.
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- Non-infringement declaration: a quicker fix than a dismissal ruling?
- In this article, the author discusses this issue in reference to a judgment made by the Supreme Court.
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- Determining the producer in trademark infringement cases
- The purpose of this article aims to analyze and summarize how to identify whether the infringer is the producer through some cases in practice, with a view to benefit the trial of similar cases.
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New
- China’s top 20 patent cases of 2020: Giesecke & Devrient v. CNIPA
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The Guideline for Patent Examination provides for open and closed forms of claim expression.
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- China’s top 20 patent cases of 2020: Ericsson v. CNIPA
- The case involves the basic patent in the 5G technology area.
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- China’s top 20 patent cases of 2020: Zhiyuan v. CNIPA
- The amendments by the patent applicant are made based on the following two aspects.