What Does Recent Tencent Litigation Against a Patent Troll Signify?

Peng Sheng

Introduction

A “patent troll” is a term used to identify a person or company that attempts to enforce patent rights against accused infringers far beyond the patent’s actual value of the prior art. Generally, patent trolls do not manufacture the patented product or process. Rather, they seek to profit through litigation against rich companies with similar patents, and then wait for a favorable settlement from the side of the opponent. It is a legal phenomenon that occurs throughout the world.[1]

In China, intellectual property (“IP”) owners have been facing lawsuits from patent trolls for many years.[2] In the past, giant companies in China tended to settle with patent trolls rather than pursuing a win-or-lose outcome.[3]Read the rest

Waking Up the Sleeping Giant of Copyright Protection for Digital Music in China

HU Meng

Less than ten years ago, China’s music copyright infringement rate was widely regarded as the highest in the world.[1]As a result, although it has the largest population in the world, in 2011 China only ranked 38 in the retail value of the music market.[2]However, after the tipping point in 2015, things have changed dramatically. According to the International Federation of the Phonographic Industry (“IFPI”) Global Music Report 2018, China’s ranking has been up to 10[3]. In spite of such impressive progress, China is like a giant who has just awoken. In 2016, the average music revenue per person in China was only 0.1 dollars. In the U.S, the number is 16.4 and … Read the rest