tag:blogger.com,1999:blog-5574479.post3539962625688417787..comments2024-03-28T08:10:18.991+00:00Comments on The IPKat: IP Enforcement and Anti-Counterfeiting in China: A ‘Golden Era’ of Progress?Verónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5574479.post-77182900046454322082015-11-23T13:14:00.168+00:002015-11-23T13:14:00.168+00:00Check out www.ciela.cn for details of over 32,000 ...Check out www.ciela.cn for details of over 32,000 IP cases in China. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-11145551824230196482015-11-23T09:47:59.830+00:002015-11-23T09:47:59.830+00:00When considering Chinese litigation it is importan...When considering Chinese litigation it is important to separate the fact from fiction. <br /><br />Fiction: Foreigners can't win court cases in China.<br />Fact: 90% of IP litigation in China is Chinese v Chinese. However, when a foreign party is involved, the foreigner wins about 70% of the time. This has been consistent from year-to-year. Foreigners simply take the litigation more seriously and therefore prepare better. However, as noted in the article whether or not you can enforce your judgment is an issue.<br /><br />Other items which should be considered when enforcing IP in China includes factors hinted at in the article: Can the Chinese party easily disappear? What is the scale of the infringement? Where are the infringing acts taking place? Can you gain venue in one of the larger cities or the specialized IP courts (Shanghai, Beijing or Shenzhen/Guangzhou)? Are you seeking monetary damages or just a stop to the infringing acts? etc. <br /><br />In addition, there are ways to enforce IP via administrative, rather than judicial routes in China, and these need to be weighed vs. a court action. Administrative routes include: Local IP/AIC offices, and customs registration. As said in the article - definitely educate yourself about the territory and be aware of the difficulties (and local nuances), so that you can make an educated, strategic decision.Michael Linhttp://www.marks-clerk.comnoreply@blogger.com