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.
In China, intellectual property (“IP”) owners have been facing lawsuits from patent trolls for many years. In the past, giant companies in China tended to settle with patent trolls rather than pursuing a win-or-lose outcome.… Read the rest
Review on CEPA’s Dispute Resolution Mechanism
CEPA is an acronym for the Mainland China and Hong Kong Special Administrative Region Closer Economic Partnership Arrangement. The Investment Agreement and Agreement on Economic and Technical Cooperation (Ecotech Agreement) establishes the dispute resolution mechanism for CEPA. Between the Mainland and Hong Kong, because of political reasons, the dispute resolution part is empty for 14 years. And since mediation is part of dispute resolution, it is unnecessary to list them separately. Later, the mediation mechanism is detailed. In this article, the author will discuss the dispute resolution mechanism and mediation mechanism.
In the Ecotech Agreement, Article 19 and Article 20 stipulate the dispute resolution mechanism between the investors and the state. … Read the rest