My book Comparative Patent Remedies has a very brief discussion of declaratory judgments in China (p.361 n.132). When I get around to publishing a second edition, I will need to take into account a recent decision of the Supreme People's Court, VMI Holland v. Safe-Run (2019). Hui Zhang and Xiang Li recently published an informative post on the case on the Kluwer Patent Blog, titled Chinese Supreme Court Recently Clarified the Standard of Filing a Declaratory Judgment Action of Non-Infringement of Patent. The authors lists the three requirements for bringing a declaratory judgment action in China (notice; demand to bring a lawsuit; and either a refusal to withdraw the notice or initiate a lawsuit within one month of receiving, or two months of the sending of, the demand). They then discuss the VMI Holland decision, in which the court held that the patentee's filing of an administrative action against a distributor of allegedly infringing merchandise put the manufacturer on notice of the alleged infringement, sufficient to satisfy the first condition.
Post a Comment