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LexField Partners Contributed to Book Compiled by Beijing Higher People's Court on 2017 Guidelines for Patent Infringement Determination

DATE:2020-07-29      FROM:LexField

 The Intellectual Property Tribunal of the Beijing Higher People's Court has recently compiled the book Understanding and Application of the Beijing Higher People's Court Guidelines for Patent Infringement Determination (2017), which was just published.  LexField Law Offices partners Mr. Hongyi Jiang and Dr. Qishan Zhao authored sections of the book, further to their participation in the discussion and drafting of several articles of the official Guidelines themselves.

 

 The Beijing Higher People's Court promulgated the 2017 Guidelines based on the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Patent Infringement Disputes issued in March 2016.  The 2017 Guidelines were also drafted in view of the adjudication of some challenging and complex patent cases in actual judicial practice as well as extensive comments and suggestions from IP judges of courts across China. It thus can be said that the 2017 Guidelines are the result of the collective wisdom of IP courts across China, certainly with a good value of reference in judicial practice.

 

 Aiming to provide readers with a thorough understanding of the 2017 Guidelines, this new book includes an extensive review of the relevant jurisprudence, domestic and foreign legislations and classic judicial cases, and provides in-depth examination and explanation on each of the 153 articles of the 2017 Guidelines, the historical evolution of the relevant laws and regulations, and specific application of the articles in practice.

 

 The contributors of the book include current and former judges of the Supreme People's Court, Beijing Higher People's Court, Jiangsu Higher People's Court, and Shanghai Higher People's Court, as well as several experienced attorneys who had previously contributed to the revisions of the 2017 Guidelines, including Mr. Hongyi Jiang, senior partner of LexField Law Offices, and Dr. Qishan Zhao, also a partner of LexField.  Hongyi authored the explanations on Article 57 and 60 regarding the doctrine of equivalents, while Dr. Zhao authored the explanations on Article 149-153 regarding the defense for not stopping infringement in cases involving standard-essential patents.


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