Do the courts love IP? More from the UK ... and China
The IPKat recently posted an item which raised the question whether the patents courts in the UK are hostile to patents. He has since received this comment from fellow blogger Peter Groves:
The Kat has received a new paper, "Intellectual Property Rights Protection in China: Trends in Litigation and Economic Damages", penned by economic consultancy NERA's Senior Consultant Kristina Sepetys and its Senior Vice President Dr Alan Cox. The paper describes the changing role of intellectual property enforcement in an evolving economy such as China’s, as well as the judicial and administrative procedures available for IP enforcement. Drawing upon their own dataset, the authors also examine trends in Chinese damages awards. Unsurprisingly, in the IPKat's opinion -- based on anecdotal rather than systematic data -- authors conclude that IP damages in China are generally too low to compensate owners for their losses or to have any meaningful deterrent effect. But the news is improving: significant damages awards are now being awarded and their frequency is on the rise. A copy of this paper, in English or Chinese, may be obtained from its authors.
"It struck me that even if they represent only the tip of the iceberg of patent disputes, those cases that come to trial are a significant sample by virtue of the fact that they do come to trial. Perhaps I'm wrong. However, I proceeded to search Bailii for infringement or validity cases dated 2008 and assembled the attached table: which looks to me as if things are fairly evenly balanced, although - of course! - the cases aren't as clear-cut simply valid or not, infringed or not".Many thanks, Peter, for taking the trouble to supply this.
The Kat has received a new paper, "Intellectual Property Rights Protection in China: Trends in Litigation and Economic Damages", penned by economic consultancy NERA's Senior Consultant Kristina Sepetys and its Senior Vice President Dr Alan Cox. The paper describes the changing role of intellectual property enforcement in an evolving economy such as China’s, as well as the judicial and administrative procedures available for IP enforcement. Drawing upon their own dataset, the authors also examine trends in Chinese damages awards. Unsurprisingly, in the IPKat's opinion -- based on anecdotal rather than systematic data -- authors conclude that IP damages in China are generally too low to compensate owners for their losses or to have any meaningful deterrent effect. But the news is improving: significant damages awards are now being awarded and their frequency is on the rise. A copy of this paper, in English or Chinese, may be obtained from its authors.