David L. McCombs, a partner in Haynes and Boone's intellectual property practice and a client, made a presentation entitled, "Into the Mouth of the Dragon: Patent Protection and Enforcement in China" at the October 2004 Licensing Executives Society meeting in Boston, Massachusetts.
In summary:
American technology businesses participating in the opportunities created by the world economic shift to Asia are actively dealing with the realities of intellectual property protection and enforcement there. The nascent Intellectual Property (IP) infrastructure, the politics, the cultural differences, and guanxi create challenges for outsiders entering the world's largest untapped market. But systems are improving. China is aware that effective intellectual property protection will be a key factor for its long term economic success. Protection systems must--and are beginning to--benefit foreign corporations as well. Provided here is an overview of the cultural factors and recent developments, practical recommendations, and the basics of patent enforcement and procurement in China.
The article is quite broad, covering maintenance fees to damages in infringement actions. There is even a brief mention of Chinese patent trolls! Read the very interesting article here.
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