Differing IP Enforcement on Three Continents

By on December 1, 2015

Brad Chin and Kevin Tamm, Bracewell & Giuliani LLP

In the United States, the America Invents Act has created new options for IP enforcement through post-grant proceedings at the U.S. Patent and Trademark Office. At the same time, the European Union is developing the Unified Patent Court to provide a common patent court for member states. The UPC as proposed will include a Court of First Instance, a Court of Appeal and a Registry.

China recently issued “The Further Implementation of the National Intellectual Property Rights Strategy Action Plan.” It identifies four objectives: (1) to promote IP creation and utilization, (2) to strengthen IP protection, (3) to strengthen IP management and (4) to expand international IP cooperation.

Chinese enterprises are actively creating strategic IP portfolios, and statistics demonstrate their rapid increase in patent filings compared to their foreign industry counterparts. A foreign enterprise seeking to enter the Chinese market and to develop and maintain a competitive edge in conducting business in China must understand and select the most effective form of IPR protection for its technology. To stay on an equal footing with Chinese enterprises, foreign companies must understand the procedural advantages and challenges associated with the use of administrative actions and judicial proceedings. They should develop relationships with local industry partners and legal representatives, gain an understanding of the administrative, regulatory, and judicial requirements for protecting and enforcing their IP rights, and work closely with legal counsel who have expertise navigating the pertinent system.

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