Features

How do foreign parties really fare in Chinese patent litigation?

By Jacqueline Lui and Libin Jin

An exclusive analysis of patent litigation statistics from across the whole of China in 2016 reveals that contrary to popular belief, foreign parties are doing extremely well in both infringement and validity battles

China is by far the most litigious country in the world in terms of IP cases, with the total amount of IP litigation in Guangdong alone far outnumbering that in the whole of the United States. Despite this, the question “Are patents enforceable in China?” remains a familiar one among many foreign patent owners. This article draws on new statistics to assess the enforcement of patent rights in China – especially when it comes to overseas rights holders.

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