Searching for a seller
In patent infringement cases with multiple infringers, courts have been applying inconsistent standards in establishing jurisdiction. The Supreme People’s Court may need to step in to provide clear guidance to plaintiffs and defendants alike
Issue: July/August 2011
Keywords (click to search):
patent infringement
Article 6
Fangda
forum
As patents become increasingly important assets for many companies operating in China, more and more patent litigations have sprung up across the country. One of the earliest steps that a patentee has to consider is where to file its lawsuit, especially if it is against a large manufacturer influential at the place of its domicile. In order to avoid the manufacturer’s home jurisdiction, the patentee may need to identify a seller of the allegedly infringing product, and file the lawsuit against both the manufacturer and the seller with a court at the place of the seller. Such court’s jurisdiction over both the manufacturer and the seller rests on paragraph 1, Article 6 of the Interpretation on Several Issues Concerning the Application of the Law in Trials of Patent Infringement Disputes (最高人民法院关于审理专利纠纷案件适用法律问题的若干规定) (the Provisions).
The full text of paragraph 1, Article 6 reads, “where the plaintiff files an action...
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