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Counter-Suit for Damages Actions Against Malicious Intellectual Property Rights Litigation
Chinese law does not provide specific remedies for a victim of malicious litigation. The Opinions of the Supreme People's Court on Several Issues Regarding the Implementation of the National Intellectual Property Rights Strategy provides practical guidance to the people's courts in the proceedings of counter-suit for damages litigation, as well as judicial basis for the party to file counter-suit for damages action if the party is facing malicious litigation. Some court rulings also provide some enlightenment in the determination of "malice" and scope for Counter-suit for Damages Actions.
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Exploration and Development of Arbitration on IP Rights (Part II of II)
Currently, no IP related disputes are handled through arbitration in China, other than domain name disputes. Yet, laws in many countries allow utilizing arbitration to resolve IP disputes. This article is the part II of the same article published in July Issue of IP Bulletin which continues to discusses the particularities of arbitration on IPR and the new developments and challenges the IPR Arbitration is now facing in China.
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Common Knowledge in Patent Prosecution and Reexamination Proceedings
There are no unified views regarding the scope of "common knowledge" among examiners, patent attorneys and academics in China. This article will discuss the scope and assertion of as well as the burden of proof in patent prosecution involving common knowledge upon an introduction of the existing views regarding common knowledge.