CPA Attorneys Take Part in 2017 CCPIT Training for Litigators

On 6-7 September 2017, China Patent Agent (H.K.) Ltd. (CPA)'s litigation attorneys attended the 2017 China Council for the Promotion of International Trade (CCPIT) Training for Litigators held in Beijing.

The training sessions were given by Presiding Judge Liu Xiaojun and Senior Judge Liu Qinghui, both from Beijing Higher People's Court (BHPC), and focused respectively on BHPC's yearly report of Latest Developments in Adjudication of IP Cases and the court's newly revised Guidelines for Patent Infringement Determination ("the Guidelines") issued in April 2017.

To start with, Presiding Judge Liu Xiaojun briefed on the history of the mentioned BHPC yearly report, which originated in 2006 to cover new types of cases in trademark, patent, copyright, unfair competition and other IP areas heard by the court during the year along with judicial opinions on the cases. He then proceeded to report on BHPC's adjudication of IP cases during 2016 and the first eight months of 2017, and clarified the issue of trademark coexistence agreements in judicial practice. He also expounded the assessment of inventive step and the reasoning thereof, as well as shared his own thoughts on the issue.

Senior Judge Liu Qinghui's lecture was on the Guidelines. He first introduced the background of revision and basic structure thereof, and after that elaborated on the key contents in the Guidelines pertaining to such aspects as determination of invention and utility model patents, definition of the literal scope of protection of a claim, how to determine whether an alleged technical solution falls within the literal scope of protection of a claim, and establishment of a defendant's defence.

The training was attended by over 200 litigation attorneys, who benefited from the detailed, clear and full depiction of the topics from a judge's perspective with the illustration of exemplary cases.