Intellectual Property Practice and Case Analysis

Author: Zhang Guangliang
Publisher:
Publish Date: 1999-06-01
Features: The author, Zhang Guangliang, is a judge with years of experience in intellectual property adjudication. Unlike general legal textbooks, Civil Remedies for Intellectual Property Infringement comprehensively introduces the civil remedy system for intellectual property infringement while touching upon almost all controversial issues in current intellectual property theory and practice. These include: the concept, legal characteristics of intellectual property, and the concept of intellectual property infringement; the applicable conditions for preliminary injunctions and in-court injunctions newly established in China's laws; the right to know enjoyed by parties in litigation; the scope, principles, and calculation methods of damages for intellectual property infringement; the principles of liability for intellectual property infringement; the applicable conditions for civil liability measures such as cessation of infringement, apologies, and elimination of adverse effects; imminent infringement and its remedies; and the statute of limitations for intellectual property infringement litigation. In Civil Remedies for Intellectual Property Infringement, civil remedies for intellectual property infringement are for the first time divided into pre-litigation remedies, in-court remedies, and post-litigation remedies. The author examines the purpose and specific content of each remedy, thereby constructing a framework for the theoretical system of civil remedies for intellectual property infringement. In the discussions of each part of the book, relevant intellectual property adjudication cases are used as illustrations. For some entirely new issues, the book provides examples of foreign civil remedies for intellectual property infringement and relevant legislative situations. Author Zhang Guangliang is currently the Chief Judge and Assistant of the Fifth Civil Court (Intellectual Property Division) of the Beijing Intermediate People's Court. This book is a research outcome of the author during their doctoral studies at the Peking University Law School. Civil Remedies for Intellectual Property Infringement will greatly benefit lawmakers, practitioners, and scholars in re-examining intellectual property remedy issues. [Editor's Recommendation] The intellectual property theory community in China has long focused on the issue of intellectual property infringement determination, with many works studying a large number of foreign cases and doctrines, which have actively promoted the formation and development of China's intellectual property infringement theory. However, the legal remedy issues for intellectual property infringement have received little attention from China's theory community, with few specialized works available. This is mainly due to the perception of such issues as purely practical work with little theoretical value. In this book, the author constructs civil remedies for intellectual property, dividing them into three stages—pre-litigation remedies, in-court remedies, and post-litigation remedies—for separate discussion. The author also conducts insightful research on the statute of limitations for intellectual property infringement litigation and remedies for imminent infringement. These are the innovative aspects of the book and the reasons why it received unanimous affirmation from experts during the anonymous pre-defense and formal defense procedures of its doctoral thesis.