Which Chinese authority has the jurisdiction over the patent infringement?
Recently, the International Trade Commission of United State ruled on the patent conflict between Apple and HTC, determining that HTC has infringed the No.647 patent of Apple iPhone and banning the import of HTC’s smart phone with this patent feature from 19th, April, 2012.
For the case, Bridge IP Law Commentary would like to discuss a problem that which authority shall have the jurisdiction over the conflict shall it occurred in China? In fact, there’s no similar administration like ITC in China considering the IPR conflict with foreign products involved, and the administration duty on the infringement combat mainly focuses on the fake patent, namely those products claimed being patented or claiming owning others patent. Although the administration will handle some patent conflicts of unlicensed using, the complicated dispute, like the one between Apple and HTC, is mainly handled by the court.