EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

02.06.17

China is Quickly Becoming a Patent Litigation Mess and Web Sites of Lawyers (or Their Fronts) Like It

Posted in Asia, Patents at 7:00 am by Dr. Roy Schestowitz

Dime for the lawyers, but at whose expense?

Chinese coin

Summary: China’s newly-found obsession with patents has turned into a disease; Western lawyers love it and exploit it for promotion of patent maximalism in the West

THE OTHER DAY, over at IP Kat, Eleonora Rosati wrote about a “New National IP Strategic Action Plan in China” and said: “China wants to be seen as a responsible member of the international IP community that contributes actively to the formulation of international rules, wishes to accelerate the revision of the Treaty on the Protection of Broadcasts and Broadcasting Organizations, promote the implementation of the Doha Declaration on Public Health and the Beijing Treaty on Audiovisual Performances. The Plan also wants to promote the establishment of a mechanism to help protect and enforce IP rights of Chinese businesses abroad.”

“We remind readers that proponents of software patents in the US increasingly use “China” as their fig leaf.”China seems to have taken these ambitions too far, to the point of granting patents on just about everything, including software (which is not patentable elsewhere).

An article by Joff Wild, Jacob Schindler and Richard Lloyd of IAM, published in their latest magazine issue, continued their eagerness to push patent maximalism through China (trying to eat some of the Chinese “pie” and use China to ‘dare’ other countries to expand patent scope) and in another article they wrote: “For Asian tech corporates, convergence is presenting previously unknown legal risks and opportunities for collaboration. New entrants will have to be canny to survive in this increasingly complex business environment…”

So seek a lawyer? Like those that are funding IAM to help create this mess? We remind readers that proponents of software patents in the US increasingly use "China" as their fig leaf. IAM is just one of the symptoms. In last week’s blog post it wrote:

China-based data provider IP House recently put together a fairly thorough analysis of all the rulings delivered by the Beijing IP Court during 2015. The information on damages from this first batch of patent disputes should prove a useful benchmark for monitoring whether Chinese policymakers’ goal of increasing award amounts is being realised. More recent developments surrounding evidence preservation and punitive damages suggest that higher damages is a priority as litigation numbers in the country continue to zoom.

What it means is, China copies the mistakes made by the US about a decade ago and now it’s just a litigation hub that is destroying the country’s producing element. With this patent gold rush, which is becoming the subject of growing scrutiny, China is now devouring its own economy, in order to bolster trolls, not producers. Did they not learn from the mistakes already made in the US?

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Some Patent Attorneys Dislike Techrights Not Because It's Wrong But Because Software Patents Are Wrong (and Sometimes Illegal)

    Odd rants which misuse common law and ignore alleged Fair Use (and misinterpretation of copyright law, for censorship purposes) would have people believe that we're wrong; but it's more likely that the person in question is jealous, insecure, or offended by our stance on patent scope, which is very much rooted in the law itself (and the views widely held by software developers globally)



  2. Guarding and Rescuing the FSF Titanic: Distro-libre and feature-schema

    "Every time a distro does not suit a user's purposes, and it is less work to adapt the distro on one's own than to affect the distro in any other way, a distro is born."



  3. Links 21/8/2019: Dell's XPS 13, Mesa 19.2 RC1, Librem Update

    Links for the day



  4. Links 21/8/2019: Open Source POWER, Alpine 3.10.2, Netrunner 19.08

    Links for the day



  5. Edward as a Nodder to Team UPC Kool-Aid

    Bristows LLP is at it again and it's getting pathetic, not just dishonest as usual



  6. Guest Post: António Campinos' European Patent Office Redefines Modern Slavery in the Heart of Europe in 2019

    The European Patent Office’s (EPO) President António Campinos — like his predecessor Battistelli — emulates Chinese labour practices



  7. Guarding and Rescuing the FSF Titanic: There is More Than One Iceberg Ahead

    "This strategy is not far from when Microsoft talked about "de-commoditizing protocols" in the late 90s, as part of their plans to control, dominate, and end Open Source and Free software."



  8. EPO Cannot Handle Patent Justice With a Backlog of About 10,000 Cases at the Boards of Appeal

    The EPO's long war on judges and on the law has proven to be costly; it's difficult to pretend that the EPO functions like a first-world legal framework



  9. The European Patent Office Increases Surveillance: Can't Get Food Without Being Spied on

    The infamous "War on Cash" has been 'won' at Europe's second-largest institution, where people's diet can now be monitored and indefinitely retained on the system



  10. To GNU/Linux, the Operating System, GAFAM (Google, Apple, Facebook, Amazon, Microsoft) is Not the Threat. Microsoft is.

    Don't let Microsoft get away with its bogus narration; GNU/Linux is primarily under attack from Microsoft, whereas Software Freedom in general is under attack from many directions



  11. The Free Software Foundation (FSF) Has the Full Support of Techrights

    Our support for the FSF is strong enough that we want to occasionally suggest improvements; there are growing frictions designed to isolate the FSF and cause self-restraint/censorship



  12. Why We Support Phoronix (Whereas Some Others Do Not)

    Some people try to characterise Michael Larabel as the 'bad boy' of Linux even though Michael is probably the hardest working Linux journalist out there



  13. Guarding and Rescuing the FSF Titanic: The Simplest Ways that AI will Change Computing

    "AI is already used to help kill people. We should be cautious, and know that the best rules we come up with (like no doing magic outside the school grounds) won't be followed all the time."



  14. Links 20/8/2019: DragonFlyBSD Developing DSynth

    Links for the day



  15. Guarding and Rescuing the FSF Titanic: Narcissism in The Community

    "Narcissists are drawn to intelligent people. They take great pleasure in attacking, controlling and defeating intelligent people because it makes them feel smarter and more important."



  16. Breaking the Law Has Become the Norm at the European Patent Office

    The European Patent Office’s ongoing practice of destroying critics/whistleblowers and crushing unions, judges, examiners etc. — as well as threats and bribery of the media — ultimately mean a perpetual state of lawlessness that, if it prevails, will let patent trolls raid the European economy and stall innovation



  17. Links 20/8/2019: KMyMoney 5.0.6, Kdenlive 19.08

    Links for the day



  18. Guarding and Rescuing the FSF Titanic: Free Software in Education

    "If everyone learns to code, then everyone gains some understanding of how to code in other languages."



  19. Links 19/8/2019: Another Linux 5.3 RC, OpenSUSE's Richard Brown Steps Down, Slackware Creates Patreon Page, Qt 6 Initiated

    Links for the day



  20. Speaking Truth to Monopolies (or How to Write Guest Posts in Techrights)

    We need to have more articles tackling the passage of all power — especially when it comes to software — to few large monopolies that disregard human rights or actively participate in their abolishment in the digital realm



  21. Guarding and Rescuing the FSF Titanic: Free as in Speech

    "While a new breed of so-called anarchists campaign against expression that even the state allows, people are also foolishly overplaying the relevance of the state to free speech issues -- as if it's not a freedom issue when a project is increasingly thought-policed, because the thought-policing isn't on a state level."



  22. Toxic Culture at Microsoft

    Racism, intolerance, sexism and bullying are rampant at Microsoft; but Microsoft would rather deflect/divert/sidetrack to Google and so-called 'GAFA'



  23. Guarding and Rescuing the FSF Titanic: Introduction

    "The FSF isn't just threatened, it will hit a large iceberg in the future that changes it permanently."



  24. Linux Journal and Linux.com Should Have Been Kept Going

    There's apparently no good explanation for the effective shutdown of Linux Journal and Linux.com; London Trust Media Holdings (LTMH), owner of Linux Journal, saw numbers improving and the Linux Foundation, steward of Linux.com, is loaded with money



  25. 2019 Microsoft Glossary

    How Microsoft internally interprets words that it is saying to the public and to the press



  26. 2019 Surveillance Glossary

    Distortion of technical and nontechnical terms in this day and age of '1984'



  27. Openwashing Report: It's Getting Worse, Fast. Everything is Apparently 'Open' Now Even Though It's Actually Proprietary.

    The latest examples (this past week's) of openwashing in the media, ranging from 5G to surveillance



  28. GitHub is a Dagger Inside Free/Open Source Software (FOSS); This is Why Microsoft Bought It

    A year later it seems pretty evident that Microsoft doesn’t like FOSS but is merely trying to control it, e.g. by buying millions of FOSS projects/repositories at the platform level (the above is what the Linux Foundation‘s Jim Zemlin said to Microsoft at their event while antitrust regulators were still assessing the proposed takeover)



  29. Microsoft Grows Within and Eats You From the Inside

    Microsoft entryism and other subversive tactics continue to threaten and sometimes successfully undermine the competition; Microsoft is nowadays doing that to core projects in the Free/Open Source software world



  30. Links 18/8/2019: New KNOPPIX and Emmabuntus Released

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts