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出版作品

  • China's New Privacy and Data Security Statutes Further Complicate U.S. Litigations

    Mealey's Data Privacy Law Report, Vol. 7, #10

    Also published on Mealey's Litigation Report: Discovery, Vol. 19, #6 (March 2022)

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  • Chinese Patent Law's Statutory Damages Provision: The One Size That Fits None

    Washington International Law Journal, Volume 26, Number 2

    The concept of statutory damages was first introduced into the Chinese patent regime in 2001 as a “last-resort” approach for damages calculation in infringement cases. Curiously, in the following 15 years, this last-resort approach became so popular among the courts that it is essentially the exclusive approach today. This Article examines the legal and policy implications of the current statutory damages scheme, and concludes that the existence of statutory damages is fundamentally detrimental…

    The concept of statutory damages was first introduced into the Chinese patent regime in 2001 as a “last-resort” approach for damages calculation in infringement cases. Curiously, in the following 15 years, this last-resort approach became so popular among the courts that it is essentially the exclusive approach today. This Article examines the legal and policy implications of the current statutory damages scheme, and concludes that the existence of statutory damages is fundamentally detrimental to the validity of the Chinese patent system. Therefore, we argue that the statutory damages provision in Article 65 of the Patent Law of China should be eliminated. This Article further provides a comparative law perspective, drawing lessons from U.S. copyright law, U.S. patent law, and German patent law, to illustrate that China’s patent system would be better off without this statutory damages provision.

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  • End of the Parallel Between Patent Law’s § 284 Willfulness and § 285 Exceptional Case Analysis, 11 Wash. J.L. Tech. & Arts 311 (2016)

    Washington Journal of Law Technology & Arts, Volume 11, Issue 4, Winter 2016

    Abstract: Patent law’s “willful infringement” analysis under 35 U.S.C. § 284 and the “exceptional case” analysis under 35 U.S.C. § 285 are largely considered parallel, and essentially identical. In 2014, the Supreme Court of the United States drastically changed the standards for the § 285 exceptional case analysis in its Octane Fitness, LLC v. Icon Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Management System, Inc. decisions. This prompted two federal circuit judges to call for…

    Abstract: Patent law’s “willful infringement” analysis under 35 U.S.C. § 284 and the “exceptional case” analysis under 35 U.S.C. § 285 are largely considered parallel, and essentially identical. In 2014, the Supreme Court of the United States drastically changed the standards for the § 285 exceptional case analysis in its Octane Fitness, LLC v. Icon Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Management System, Inc. decisions. This prompted two federal circuit judges to call for similar changes to the § 284 willful infringement analysis. On October 19, 2015, the Supreme Court granted certiorari to review whether such a change is warranted. This Article examines the legal and policy arguments on both sides and concludes that, while a drastic change of the substantive standard of the willful infringement analysis is unlikely, a change of the standard of review is possible. Consequently, the parallel between § 284 willfulness and § 285 exceptional case analysis will likely come to an end.

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  • Translation, Supreme People's Court Annual Report on Intellectual Property Cases (2014) (China), 25 Wash. Int'l L.J. 151 (2016)

    Washington International Law Journal, Volume 25, Number 1, January 2016

    Abstract: The Supreme People’s Court of China began publishing its Annual Report on Intellectual Property Cases in 2008. The annual reports, published in April of each year, summarize and review new intellectual property cases. This translation includes all thirty-five cases and fifty legal issues of the 2014 Annual Report. It addresses patent law, trademark law, copyright law, unfair competition law, antitrust law, new plant variety patent law, and laws related to procedural and evidentiary…

    Abstract: The Supreme People’s Court of China began publishing its Annual Report on Intellectual Property Cases in 2008. The annual reports, published in April of each year, summarize and review new intellectual property cases. This translation includes all thirty-five cases and fifty legal issues of the 2014 Annual Report. It addresses patent law, trademark law, copyright law, unfair competition law, antitrust law, new plant variety patent law, and laws related to procedural and evidentiary issues in intellectual property cases. While China is not a common law country, these cases serve as guidelines for lower courts in adjudicating intellectual property disputes.

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  • Translation, Supreme People’s Court Annual Report on Intellectual Property Cases (2013) (China), 24 Wash. Int’l L.J. 189 (2015)

    Washington International Law Journal, Volume 24, Number 1, January 2015

    Abstract: The Supreme People’s Court of China began publishing its Annual Report on Intellectual Property Cases in 2008. The annual reports, published in April of each year, summarize and review new intellectual property cases. This translation includes all 30 cases and 39 legal issues of the 2013 Annual Report. It addresses patent law, trademark law, copyright law, unfair competition, contractual intellectual property rights, liability of intellectual property infringement, and intellectual…

    Abstract: The Supreme People’s Court of China began publishing its Annual Report on Intellectual Property Cases in 2008. The annual reports, published in April of each year, summarize and review new intellectual property cases. This translation includes all 30 cases and 39 legal issues of the 2013 Annual Report. It addresses patent law, trademark law, copyright law, unfair competition, contractual intellectual property rights, liability of intellectual property infringement, and intellectual property litigation procedure and evidence. While China is not a common law country, these cases and guidelines provide lower courts with meaningful insight and direction.

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