Practicalities of Litigating in China - or – What it’s REALLY like Gill Smith Director of IP...
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Transcript of Practicalities of Litigating in China - or – What it’s REALLY like Gill Smith Director of IP...
Practicalities of Litigating in China- or –
What it’s REALLY like
Gill SmithDirector of IP
Dyson Technology Limited
Dyson’s Bladeless Fan
Administrative Actions
Good Fast Secret Cost effective Can order infringer to
stop infringing Can withdraw business
licence Can impose fines Provides evidence for
civil actions
Not so Good Delays Reluctant to impose
serious sanctions No damages
Civil Actions
Good Really fast, compared
to most countries No discovery Short hearings Appeal process is also
very fast
Not so Good Paperwork is painful No discovery Decisions based on
evidence and admissibility
No sanction for what we would call perjury
Evidence
Good There seem to be
plenty of notaries and investigators about
Not so good Everything has to be
notarised – and legalised if is originates outside China
It will always take longer than it should
You have to allow the infringer to carry on while you gather evidence
Damages
Good Courts will award
damages
Not so good Very low, especially for
infringements of designs
No discovery showing full extent of infringement
Based on evidence Probably won’t be paid
– certainly not in full
Customs
Good Seizures can be made
on the way out of China as well as on the way in
Not expensive to put in place
Investigators willing to get information needed to identify shipments
Not so good Needle in a haystack For us, only likely to
work if we can pinpoint a container
My frustrations about China
No accelerated examination, even when infringement is happening
Applications by Chinese applicants examined faster
No acceleration of invalidity proceedings when a related civil action is pending
THANK YOU!