Patent Dispute Case Judge's Comments

Author: Cheng Yongshun
Publisher:
Publish Date: 2003-01-01
Features: This book selects typical case judgments based on relevant laws, regulations, and judicial interpretations. Each case includes 【Case Summary】, 【Key Points of Dispute between Parties】, 【Judgment Results】, and 【Judge's Comments】. The judge's comments are the highlight, offering both an analysis of the theoretical and legal basis of the case, pointing out the shortcomings of current legislation, and engaging in meaningful legal and jurisprudential discussions on the issues raised by the case. It showcases the judges' reflections on the current state of intellectual property adjudication practice, existing problems, and potential solutions. The book is co-authored by experienced intellectual property judges from the People's Courts. It includes a total of 32 typical cases, divided into four categories: Administrative Patent Cases, Patent Infringement Cases, Patent Ownership Cases, and Patent Contract Cases. Each case features 【Case Summary】, 【Key Points of Dispute between Parties】, 【First Instance Court's Decision】, 【Second Instance Court's Decision】, and 【Judge's Comments】. The judge's comments are insightful and well-argued, providing both legal and jurisprudential analyses of the original judgment and reflections on the issues it raises. While analyzing the cases using the current Patent Law, its Implementation Rules, and other relevant laws, regulations, and judicial interpretations, the author also highlights the shortcomings of current legislation and proposes corresponding legislative recommendations, making the book highly readable, practical, and valuable for reference.
Target Audience: Intellectual property adjudicators, lawyers, intellectual property administrative enforcement personnel, intellectual property agents, faculty and students of intellectual property programs in higher education institutions, parties to intellectual property disputes, and intellectual property professionals in enterprises and institutions.