Why IP litigation is like football

July 16, 2013 | BY

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Elliot Papageorgiou and Gao Min
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A quick glance at publicly accessible databases aggregating IP litigation data confirms that court selection is likely to have an impact on the duration of the dispute and the plaintiff-win ratio and level of damages awarded. This leads to three questions: what kind of difference can forum-selection make; how is jurisdiction determined under Chinese law; and what options are available for forum-optimisation?