from: langraible ip law firm
to: judgejiang@china.com
sent: wednesday, january 10, 2007 7:49 pm
subject: newsletter "foreign firms overly cautious of china's ip environment?"
dear chief justice jiang:
our ip law firm offers intellectual property services in germany and switzerland, including counselling, prosecution and litigation in patent, trademark, design and copyright matters.
quite a lot of our clients have business relations to china. to protect their ip in china, we recommend filing corresponding applications in china. because of my double qualification as electrical and information technology engineer as well as attorney at law, i’m handling quite a lot of infringement cases for the clients in germany and switzerland. therefore, the clients would like to know from me, whether it is worse to file applications in china with respect to the enforcement of the ip rights in china.
a few days ago i received from a chinese law office the following news letter:
foreign firms overly cautious of china's ip environment?
jiang zhipei, chief justice of the intellectual property rights trial chamber of the supreme people's court of china, recently addressed business leaders at london's intellectual property institute, stating that foreign firms should be less timid when eyeing the chinese market. he explained that companies have every opportunity to succeed as long as they register their ip and take aggressive legal action when infringements do occur.
the chief justice also announced the launching of www.chinaiprlaw.com. the new website is a bilingual guide to understanding intellectual property law in china. jiang emphasized china's recent bolstering of ipr protection by pointing out that "ninety per cent of infringement cases launched by foreign firms in china are successful, however very few are embarked upon as it is perceived as being too hard."
as the content of this newsletter relates to a speech of you, i would like to ask you to confirm that the content of the newsletter is true, especially that “90 % of infringement cases launched by foreign firms in china are successful”, so that i can inform my clients accordingly.
thank you very much and best regards
dipl.-ing. thilo raible
german ip lawyer, patent attorney (ch)
münchen / munich
dear sir,
i would like to give you the website: http://www.chinaiprlaw.cn/file/200701109899.html
i wonder if you could visit the article above the website. the information is coming from the no1 middle court in beijing recently. but in chinese. the rate is more than 60%. the number is judicial statistics of the court.
i am sure that foreign company won the most of case. because they filed the rights or have the right in china. china legual system should protect the rights of them.
the rate of 90% is my experiences rate.
regard,
judge jiang
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