Kim Lu Invited by Taiwan Patent Attorneys Association to Deliver an Online Lecture on Patent Disputes in Mainland China

CHANG TSI
News

November18
2022

On November 8, 2022, at the invitation of the Taiwan Patent Attorneys Association, Kim Lu, Partner of Chang Tsi & Partners, delivered an online lecture "Experience Sharing of Patent Dispute Cases in Mainland China" and exchanged practical experience of patent cases with Taiwanese patent attorneys.

Mr. Shao, Chairman of the In-service Training Committee of the Taiwan Patent Attorneys Association, presided over the lecture, which lasted for nearly three hours.

In the first part of the lecture, Kim Lu started from the similarities and differences of patent laws and regulations between the Mainland and Taiwan, and focused on the unified response of patent invalidation procedures and patent litigation procedures in the Mainland. Kim Lu introduced the dichotomous system of patent validation and patent enforcement, and elaborated on the interface mechanism between the two procedures in terms of the suspension system, the impact of invalidation decisions on litigation procedures, and the interpretation of claims, and emphasized the importance of unifying the two mechanisms. Kim Lu shared the practical experience of the party being sued for design infringement in using its own patent to leverage the overall case with the design patent litigation cases handled in recent years as an example. In the second part of the lecture, Kim Lu shared with participants how to interpret claims based on litigation strategies. By introducing several classic cases of the Supreme Court, Kim Lu discussed various topics such as the technical features that have been clearly defined in the claims, the figures in the claims, the application and limitation of the estoppel principle, etc.

Nearly 200 Taiwanese attorneys attended this seminar. In the final discussion session, Kim Lu exchanged views with the attendees and answered questions.
 

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