Tag Archives: Patent Manufacture

How Do Chinese Courts Distinguish “Manufacture” and “Sale” When Hearing Design Patent Infringement Cases?

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(By Luo Yanjie) Generally, the manufacture and sale of patented products are easily distinguished. Sale normally refers to infringing sale and purchase of patented products with no engagement in assembly or manufacture. In the case introduced in this essay, however, whether the behavior of the defendant was “manufacture” or “sale” is the key point argued. Now we would like to use the case and relevant law to introduce the difference between design patent “manufacture” and “sale.”

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The First Primary People’s Court with Jurisdiction over Patent Disputes in China

—-Introduction of the Jurisdiction System of Patent Litigation in China

Highlights: Introducing the jurisdiction system of patent litigation in China, including the territory jurisdiction and jurisdiction by forum level of the patent civil and administrative litigation involving inventions, utility models and design.

Recently, the Supreme People’s Court has approved the Beijing Haidian District People’s Court (the “Haidian Court”) as a pilot to hear patent cases, thereafter the Haidian Court becomes the fist primary people’s court with jurisdiction over patent cases in China.

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