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Failure to Heed IP in China Can Be Costly
Schneider Electric, a provider of power and control solutions headquartered in France, recently announced it had settled a three-year-old patent litigation with Chint, one of the largest manufacturers of low-voltage devices in China. The settlement amount of CNY 157.5 million (~ USD 23 million) paid by Schneider is believed to be the largest for a patent litigation settlement in China. The decisive victory for Chint puts a fresh spotlight on the fast-changing patent litigation landscape in China.
Chint originally paid CNY 500 (~ USD 70) in 1997 in filing fees for a utility model application at the State Intellectual Property Office (“SIPO”) of China. The utility model was granted in a little more than 15 months without undergoing any substantive examination. The Chinese patent office grants three types of patents:
- Invention patents or 20-year patents, which are similar to utility patents in the United States and cover new technical solutions that relate to a product, a process, or an improvement thereof;
- Design patents;
- Utility models or 10-year patents. The utility models are granted for “new technical solutions that relate to a product's shape or structure, or a combination of the two, and are also fit for practical use” and do not undergo a substantive examination and are granted rather quickly, typically within a year from the filing date. Evidently, utility models or 10-year patents are a cheaper and quicker way of obtaining patent protection.
Armed with its 10-year patent, Chint sued Schneider in 2006 and was awarded the landmark judgment in 2007. The Wenzhou Intermediate People's Court ordered Schneider to pay more than CNY 330 million (~ USD 45 million) and to stop the manufacture and sale of five of its products that allegedly infringe Chint's utility model.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?