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back to index backASIAtalk May,  2017


China's emergence as a key patent litigation hub poses challenges for its companies

China is already arguably one of the three most important countries when it comes to patent enforcement and most signs point toward continued growth in litigation. For multinationals who have long struggled to protect their IP rights here, the developments of the past couple of years have been overwhelmingly positive. But for local Chinese companies, the risk/reward question is slightly more complex.

Tuesday's IPBC China was held in Beijing, so naturally there was plenty of discussion about IP policy changes in the country, and how they have impacted the corporate world. While new software patent rules and overseas cases like the recent Unwired Planet v Huawei decision were discussed, it was clear that one of the biggest issues companies are grappling with is China's new IP court system and the numerous major cases it has featured. These key takeaways sum up the debates and developments keeping China's IP market makers busy.

Risk factors

Of key concern to the Chinese corporate IP heads on stage was the fact that the country is not just emerging as a big litigation venue, but potentially a very pro-plaintiff one. Ai Hong of ZY Partners brought up the statistic touted by a Beijing IP Court judge last year, who said that in 2015 foreign plaintiffs won 65 out of 65 decisions in that venue. It raises the question, he suggested, of whether foreign companies are seeing a bigger share of success than domestic ones. In any case, Ai suggested that the capital's IP court is starting to resemble China's equivalent of the Eastern District of Texas.

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Source: iam - GAI



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