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When an infringement occurs, the patentee or any interested party may institute legal proceedings in the people's court (judicial patent enforcement, patent litigation in China), or request the administrative authority for patent affairs to handle the matter (administrative patent enforcement).

A lawsuit brought for infringement of patent rights shall be under the jurisdiction of the people’s court located in the place where the infringing act took place or where the defendant has his domicile.

As China modernizes, its intellectual property laws and policies are changing rapidly. The patent laws have undergone three major revisions in the past 25 years, with each revision strengthening patent enforcement. The upcoming fourth revision is expected to include measures such as new rules of evidence for the determination of damages, increased maximum damages, and punitive damages for patent infringement.

Jiaquan IP Law frequently represent clients before different level of courts or administrative authorities, assisting clients effectively enforcing their IP rights or defending themselves to have the best possible outcome. Our attorneys have extensive experience representing patentees and defending against patent infringement claims in patent litigation cases. In each case, we focus on explaining complex technical issues, and on presenting our client ’s story to the judge in the most compelling way possible. Realizing that judges do not always have the technical background to understand many of these products, we serve our advocacy role in part by translating the patent product, including both the technical and legal issues associated with it, into terms that can be understood by layperson. We have relationships with experts who can assist in evaluating the technical aspects of the patent claims as well as the viability of applicable defenses. With attorneys in different technical background sharing profound understanding of legal and technical aspect of the case, we have track record of succeeding in highly sophisticated cases.

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