China's highest court has published two new sets of guidelines which affect the jurisdiction of lower courts in relation to IP cases. For foreign companies, this means more litigation and a need for increased vigilance
The Interpretation gives further insight on the scope of protection of invention and utility model patents and the determination of infringement thereof, determination on an infringement of a design patent, defence on the ground of prior art or prior use, and confirmation of non-infringement.
China's highest court has published a judicial interpretation of the PRC Patent Law which gives significant guidance on many issues facing foreign rights owners
In China, it is important to attempt to reach a negotiated settlement before starting litigation or arbitration proceedings. A recent court opinion highlights the possibility of using mediation in the event of a commercial dispute