China IP Litigation: You Can Make It If You Try
The Experience Not Logic blog has a post, entitled, "China IP Litigation Data: What Does it Mean?" tabulating the results in IP litigation from various Chinese courts, involving both domestic versus domestic litigation and foreign versus domestic litigation. I hate to draw too many deep conclusions from such raw data, but even I who am always touting the need to and benefits of protecting one's IP in China am a bit surprised by the frequency of victory by the IP holder. I expected such numbers in trademark cases, but the numbers in patent cases are better than I expected and in copyright cases much better than I expected.
My firm has yet to handle a copyright infringement action in China because the dollar amounts in those cases presented to us have tended to be too low to warrant pursuit, so I would love to hear from anyone who has participated in a copyright case in China. Is it as easy to prevail as the numbers from this tabulation seem to indicate?
Comments
Dan, thanks for the link. I've got a follow up post at the link below in which I conclude that the data, while encouraging, is inconclusive.
Posted by: Will Lewis | December 15, 2007 3:29 PM
Thank you Dan. As a IP lawyer in China, in my practice, the copyright owner can win most of the suits. Have you heard of the ETS v.New oriental Education Group? New Oriental was ordered to pay 10 million yuan (US$1.2 million), see here. But then it appealed and was ordered by the Beijing High People's Court to pay ETS 3.7 million yuan (US$456,000).
Posted by: robert li | February 23, 2008 1:55 AM