The Proceedings of the Tecnology and Society Conference
Online ISSN : 2432-9487
2019
Session ID : G190712
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Comparative study on patent litigation system among Japan, U.S., and China
*Akihide TAKAHASHIYuriko KUMAGAI
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Abstract
In recent years, the number of patent applications in China has increased rapidly, reflecting the sophistication of the manufacturing industry value chain promoted by the Chinese government. Along with this, the number of disputes related to patent rights is rapidly increasing in China. This is also worthy of attention for Japanese companies, where globalization of corporate activities, such as overseas expansion of production and R & D bases, has progressed. However, many Japanese companies have experience in dispute cases in the United States, but have little experience in dispute cases in China. The patent infringement lawsuits in China, Japan, and the United States were analyzed from four perspectives: information disclosure system, legal remedy system, patent invalidation system, and rights interpretation. As a result, it was found that it is effective to file a patent infringement suit in China if the patentee's purpose is to reduce costs and close the suit in a short period of time.
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© 2019 The Japan Society of Mechanical Engineers
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