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15 June 2012 In Intellectual Property

A lot of things you need to know before launch a litigation case in China. As an experienced China IP lawyer, I hereby give you some tips. Preferably you will hire a China IP litigation lawyer that has been practicing in China for at least 10 years.  In addition, you should be aware of the 2 year rule of statute-of-limitation. Not notice pleading must include evidence of infringement. The lawsuit must be filed where defendant resides or infringement took place. You are advised to investigate “local” connections before filing suit, especially government connections. Preliminary injunction are available under some circumstances. The competent court would be the Intermediate People’s Court and only one appeal to Higher People’s Court. The damages can be measured in defendant’s profits, but also could be compulsory licensing.

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