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5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

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    US, China To Hold Landmark Intellectual Property Adjudication Meeting

    Published on 24 May 2012 @ 3:39 pm

    By for Intellectual Property Watch

    The United States and China will hold early next week what is becoming the largest bilateral programme between their courts in the area of intellectual property adjudication. Set to gather more than a thousand participants, the discussions will largely revolve around patent litigation, according to a top US judge.

    “This is the first time that the whole court (US Court of Appeals for the Federal Circuit) will go to China. The Chinese are bringing 251 judges in addition to the Supreme People’s Court judges to meet me and my colleagues,” Randall Rader, Chief Judge of the US Court of Appeals for the Federal Circuit, told Intellectual Property Watch.

    Rader said some 100 to 150 participants from the United States will fly to China for the event.

    Called the “United States-China IP Adjudication Conference,” the event will be held from 28-30 May in Renmin University in Beijing. The meeting is between the Supreme People’s Court-IP Division and the United States Court of Appeals for the Federal Circuit. It is hosted by the China Law Society and the Federal Circuit Bar Association.

    According to information posted on the Federal Circuit Bar website, the topics for discussion between the two parties include issues concerning intellectual property adjudication, case management in patent litigation and enforcement.

    Rader said the focus will be more on patent litigation. “Patents are the more difficult areas for judges to handle so this gives us more incentive to focus there and my court has a strong focus on patents. And also because patents set the most important rules governing innovation and the international marketplace.”

    The main objective of this first-of-its kind meeting is to open communication lines between and among the judges from China and the United States. “This will help judges recognise the need to learn from each other and be aware of how the laws work from one jurisdiction to another to avoid international conflicts,” Rader said.

    Particularly, the US is interested to learn from the Chinese how it could lower its litigation costs.

    “Our litigation is just too expensive. Depending on the size of the case, it is not unusual in the States for a case to cost $5 million in litigation. In China, it can be done for thousands of dollars or much less,” he said.

    In the US, much of the costs are spent on a practice called discovery, in which parties in a litigation can request and obtain from opposing parties and from third parties information, documents and testimony that they deem are relevant to the issues in the lawsuit.

    “We spend millions of dollars in gathering and screening information, much of that is irrelevant to the basic lawsuit. So we need to scale back our discovery to make it more efficient,” Rader said.

    In return, Rader said the US can share some of the US court’s best practices such as technical skills in patent litigation and writing clear and persuasive opinions.

    “The Chinese have pretty good statutes, their rules are pretty clear. The challenge of course is to translate those rules into effective enforcement. But they are improving very rapidly,” Rader said.

    “They are very anxious to have a very innovative economy and they recognise that IP is important to that so they are improving their enforcement and improving the way they handle cases.”

    Last April, China issued a white paper on intellectual property protection by Chinese courts for 2011. The paper showed that adjudication was the top priority for last year. China highlighted in the paper the increase in IP cases being filed at courts and it also noted that it has already stepped up its enforcement efforts.

    China said that for criminal cases involving IP infringement, its courts last year found guilty the defendants of 1,060 cases on counterfeit registered trademarks; the defendants of 863 cases on sale of products bearing counterfeit registered trademarks; the defendants of 370 cases on illegal manufacture and sale of counterfeit registered trademarks; the defendants of a case on patent infringement; the defendants of 594 cases on copyright infringement; the defendants of 30 cases on sale of infringing reproductions; and the defendants of 49 cases on trade secret violation.

    “For intellectual property-related judicial matters, the people’s courts will continue to focus on adjudication, so as to fulfil its objective to “serve the overall interests; deliver justice for the people,” read the paper. The link to the white paper is here.

    The judicial conference in China is part of the US Federal Circuit initiative to forge closer cooperation with international courts in the field of IP adjudication. A similar meeting was held in Japan six montsh ago, and Rader said South Korea is next in the schedule for next year, followed by Russia and Brazil.

    “In terms of a formal program this initiative is recent but of course judges have been learning from each other, meeting each other in the past. The marketplace is already international, but our laws have failed to keep pace with the change in the market,” Rader said.

    “We are still locked with this notion that each nation has its own separate group rules and of course to some extent it’s true but in terms of commercial extent that governs the marketplace, it is wise to have those rules more uniform so that international corporations can work seamlessly across borders,” he added.

    Maricel Estavillo may be reached at maricelestavillo@gmail.com.

     


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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