Please note that the faculty members listed for this course are subject to change prior to the actual course date.
In the 21st Century, the companies and law firms with the best Asia strategy will be the most successful. Asia is now one of the most active IP regions in the world and patents are particularly important. Asian clients need help with their legal issues in the US, and US companies have international IP portfolios and need help setting their Asian legal strategies. Procuring & Enforcing Patents in Asia will give you the perspective you need to litigate for and against Asian clients, to better advise them, and to understand the important requirements with regard to securing and enforcing IP rights in Asia.
This two-day course is designed to widen your knowledge about patent trends in Asia with a specific focus on Japan, China and South Korea. The course provides attendees with wide ranges of patent practice information in Asia, including trends in litigation and prosecution in Asia, as well as practical information on how to work with Asian clients.
The Asian countries are strengthening their patent laws and gearing up to use their companies'' patent portfolios as tools in international trade and business. As a result, US companies increasingly have to resolve intellectual property issues in Asia. This trend is likely to accelerate, and, given the 20-year lifespan of patented inventions, applications filed today could become strong and valuable assets in the next decade. The distinguished faculty will discuss recent high-profile disputes in Asia. For example, a dispute in China between Schneider, the French-based leading Western manufacturer of low-voltage electronics such as switches and circuit breakers, and Wenzhou-based Chint, its top Chinese competitor, led to a settlement for RMB 157 million (approximately US $23 million). In the Sharp v. Samsung Japan case, the Japanese Supreme Court recently gave a pro-patentee order regarding court-ordered document production and inspection to prove infringement pursuant to Patent Law Section 105(1), (4) enacted in 1999. These disputes are just the tip of the iceberg and represent a genuine and sustained trend to improve intellectual property protection throughout Asia. This new course will discuss logistical issues that arise when handling international patent cases in federal court in the United States, such as:
- how to handle the attorney-client privilege in international cases,
- the benefits and use of 30(b)(6) depositions in international litigation,
- strategies for handling foreign language document discovery, and
- tips for improving communication with Asian clients regarding US litigation.
The course will also discuss the important institutions that are relevant to obtaining and protecting intellectual property rights in Japan, China, and South Korea; including a discussion of the nature of patent litigation in each country, public attitudes and policies regarding intellectual property, and the remedies available in intellectual property disputes for each of Japan, China and South Korea. Further, the course will discuss the interaction between antitrust law and patent law in Asian countries.
New battle lines are being drawn in Asia, and US lawyers should be paying attention in order to take full advantage of the opportunities that will arise over the next decade.