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Patentlaw_en_





CCH PRC Patent Law Seminar 2009
Updates and interpretation of the third
amendment and corresponding patent
practices of MNCs in China
Shanghai Sep. 22nd, 2009 Beijing Sep. 24th, 2009
East IP Group was founded by Dr. Gao Lulin, former Commissioner of the State Intellectual Property Office (SIPO), and a group of experienced Chinese and international attorneys in order to provide top quality intellectual property services. East IP Group currently comprises a Chinese intellectual property law firm, a patent prosecution firm, and a trademark agency services firm. This unique group structure enables our attorneys to offer a complete set of intellectual property and technology services ranging from patent prosecution, trademark application, intellectual property rights protection and enforcement, to the representation of multinational companies in the handling of their major investment projects and complex litigations in China.
First enacted in 1984, the Patent Law was previously amended in 1992 and 2001. This "Third Amendment" will become effective on October 1, 2009. The Third Amendment goes a significant distance toward harmonizing Chinese Patent Law and commercial expectations with those of the other industrialized nations. The third amendment to the Patent Law contains sea changes that will affect how Chinese and multinational companies will compete on the basis of patents in this emerging market. The new law may change the way the patent game is played in China. Multinational companies will have to develop a proactive yet practical strategy for dealing with the possibility of compulsory licensing of patents in China. Moreover, for those companies with R&D centers in China, there must be a patenting strategy that works for China, as well as the rest of the world. On the other hand, patent litigation will also become more complex since the new law will allow the prior art defense and international patent exhaustion. Therefore, more skilled patent litigators are needed to navigate through this uncharted water. This program will be a practical and interactive exploration of the new Patent Law and its impacts on foreign businesses in China. Foreign companies doing business in the PRC should be aware of the various changes brought into effect by the Third Amendment, including a change to the novelty standard, restrictions on inventions based on genetic resources, a streamlining of enforcement, and so on. CCH is more than honored to organize the seminar in cooperation with EastIP. In this seminar, you will learn:• Updates on the third amendment and the corresponding implementing rules• In-depth interpretation on the amendments and relevant rules by direct government officials• Impacts and suggestions on the patent application operations of multinationals in China• Case studies Regulation Updates and Interpretation
Session One: The new Patent Law and the implementation rulesThis Third Amendment is expected to bring the Chinese Patent Law into closer conformity with international standards, particularly commensurate with U.S. Patent contract and litigation practice, even though several changes, such as the absolute novelty requirement, still clearly reflect the influence of European patent laws on the development of the Chinese Patent Law. These changes will have profound effect on global industries and innovative Chinese companies that expect to obtain and enforce patents in China. To help foreign businesses and practitioners stay on top of the new laws, major changes are outlined as follows:• Co-ownership (Article 15) • Clinical Trial Exemption (Article 69(5)) • Foreign Filing (Article 20) • Genetic Resources (Articles 5 and 26) • Absolute Novelty Requirement (Articles 22 and 23) • Enforcement of Patent Rights (Articles 11 and 60–69) • Prior Art Defense (Article 62) • Other changes • Compulsory License (Articles 48 and 50) • Implementation Rules Senior Officer, Legal Affairs Department of State Intellectual Property Office The Professional's First Choice




Session Two: Judgment of patent infringement and Patent Dispute Resolution—Supreme People's Court, the Judicial Interpretation (JI) on Some Issues Regarding Application of Laws of Patent Infringement Cases• How to determine the scope of protection after declared part • Patent Claim Interpretation invalidation of a patent right? • Deterring Process and act identification of Patent Infringement • Application of Equality Principle and Estoppel Principle • Provisional injunction before litigation • Administrative and judicial proceedings of patent infringement litigation • Bearing forms and proceedings of infringement • Prior Technology Deraignment and Prior Use Deraignment • Liability Fixation and Compensation Principles Senior Officer, Supreme People's Court Best practices and suggestions for MNCs under the new Patent Law
• Changed requirement for filing a foreign patent application for invention made in China and ways to satisfy such requirement• Amended novelty standard and suggestions for dealing with patent hijacking• Simultaneously filing both a utility model and an invention patent application for the same invention • Enhanced Patent Assessment Report system for utility model and design patents• Changes to the design patents practice• New requirement on Chinese invention patent applications using genetic resources• Clarified compulsory licensing requirements • Practicing the Prior Art Defense• Strengthened rules for determining damages and administrative fines for patent infringement and passing off patents• Clarified the requirements for pre-trial preliminary injunction and evidence preservation• Clarified exploitation of jointly owned patents and suggestions for joint developments• Exhaustion of patent rights & Bolar exemption Dr. Lulin GAOChairman of East IP Dr. Singer John Huang Honorary President of All-China Patent Attorneys Association Managing Director, East IP Founding Commissioner of State Intellectual Property Office Director, Peking University Internet and IP Law Center Dr. Gao worked for many years in public office in the field of Dr. Huang is an expert on Chinese IP laws. He received J.D. and intellectual property protection in China. During the course of his Engineering Ph.D. education from Stanford University. He moved to career he has held the positions of Commissioner of the Chinese China from Silicon Valley joining Baker McKenzie, Beijing in 1993 when Patent Office and the founding Commissioner of State Intellectual China first permitted foreign attorneys to practice through registered Property Office, China. He was a senior advisor to the World representative offices in Beijing. Intellectual Property Organization (WIPO) in Geneva for roughly two years. Dr. Gao is currently the Honorary President of All-China In the past 16 years, Dr. Huang has successfully represented many Patent Attorneys Association (ACPAA).
multinational clients in handling important IP and IT matters, including ensuring smooth operation and free access of Google and Yahoo! in Dr. Gao has participated in many international forums conferences China, winning the landmark Viagra patent cases for Pfizer, handling on intellectual property. Most notably he served as the Chair of the Cisco's patents and enforcing IP against Huawei.
Paris Union Assembly and the WIPO General Assembly. In 1995, he was given the Grand Star Cross by the German government for his In addition to private practice, Dr. Huang has also been active in helping remarkable contributions to IP protection, and in that same year, China to strengthen its IP laws and protection. For example, he assisted the European Patent Office awarded him the International then Commissioner of the Chinese Patent Office, Dr. Lulin Gao, in Cooperation Medal for his contributions in the IP field. promoting and establishing China's State Intellectual Property Office in 1998, to which Dr. Gao served as the founding Commissioner. In 2000, Dr. Gao is not only an intellectual property expert, but also has Dr. Huang left O'Melveny & Myers, where he was the head of Beijing strong technology backgrounds. For many years, he worked in team and China IP/IT practice, to co-found East IP with Dr. Gao. research institutes, ministries, at the State Planning Commission and the State Economic Planning Commission as a head of license Dr. Huang is managing East IP, which currently has about 200 and Technology Department. He founded an IP firm (East IP) in employees and three offices in the great China region. In 2004, he Beijing in 2000, which is regarded by many as one of the leading IP worked with his good friend, Jerry Yang, in establishing Yahoo! Internet and IP Law Center at Peking University where he currently serves as director.
Dr. Gao is fluent in Chinese (native), English and Russian.
Dr. Huang is fluent in Chinese and English.
Who should attend?
• CTO • In-house legal counsel • Head of Intellectual Property • Head of Research and Development• Head of Innovations • IP or Patent agencies/Consulting • Lawyer The Professional's First Choice


The Professional's First Choice CCH PRC Patent Law Seminar 2009
Company Name(EN): Updates and interpretation of the
Company Name(CN): third amendment and corresponding
patent practices of MNCs in China
Number of Employees: Date: Sep. 22nd, 2009
Date: Sep. 24th, 2009
Business license No.: Seminar Code: 09C8LE
Seminar Code: 09C9LE
DELEGATE 1
SEMINAR FEE
Early Bird
(Register before 28th Aug.)
My Choice
I am an ACCA member and I need the training/seminar certificate CONTACT CCH
DELEGATE 2
Tel: 4008 16 8080 (toll-free)
Fax: 4008 16 0001 (toll-free)
Website: www.cchchina.com.cn
My Choice
I am an ACCA member and I need the training/seminar certificate Payment before seminar T/T Cheque (Only for Beijing customer) Total Price:
Payment on-site Bank card Cheque Cash *Date
Require official invoice pick-up at the seminar Yes No *Company Stamp
Payment to be made via bank transfer. Details as follows:
TERMS & CONDITIONS
1. Registration and Payment - Reservations may be made by telephone/fax/email but Bank Account No:7110110182400031307 will only be confirmed upon receipt of complete registration information on an order form. The order form must include an authorized signature and company stamp.
2. Payment must be made before the day of the seminar, customer will not be allowed to attend the seminar if payment is not made. Electronic Funds Transfer and On-site Payment (Domestic cards, cheque or cash) are accepted.
3. Cancellation and Substitution Policy - A substitute delegate is welcome at any time and no extra charge if you are unable to attend. Full payment will be imposed if 1. To facilitate your registration, please arrange your remittance strictly cancellation is made less than 10 working days before the seminar. This also applies to no accordingly to the Order and indicate the name of CCH seminar and show on the day of event. All notices of cancellation or replacement must be made in delegate on the payment voucher. writing and acknowledged by CCH via email or fax. 4. Programme Changes - CCH reserves the right to amend or cancel the event due to 2. Please fax your payment voucher to 400-816-0001 after your 5. Seminar prices are subject to change without prior notice.
Campaign code: S08E02

Source: http://www.cchchina.com.cn/ExecutiveEvent_DocumentLibrary/PatentLaw_en.pdf

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