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An Analysis and Comments on the First IT Intellectual Property Right Case in China

An Analysis and Comments on the First IT Intellectual Property Right Case in China
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摘要 The Netac Technology Co., Ltd brought suit against Beijing Huaqi Information Digital Technology Co., Ltd for infringing Netac's patent. This case was the preclude to the intellectual property rights (IPR) war of the internal enterprises. The process of this case was followed with great interest because it would influence the development of the hundreds of Mobile Storage enterprises in China. This paper is based on the brief review of the details of the case, the authors analyze the main legal issues covered by this case from the two aspects of the substantive and the procedural law, and reach the conclusions that the IPR strategy has gradually become the key to the IT enterprises in their intense market competition and that the concerned laws and regulations in China should be rectified and improved accordingly. The Netac Technology Co., Ltd brought suit against Beijing Huaqi Information Digital Technology Co., Ltd for infringing Netac's patent. This case was the preclude to the intellectual property rights (IPR) war of the internal enterprises. The process of this case was followed with great interest because it would influence the development of the hundreds of Mobile Storage enterprises in China. This paper is based on the brief review of the details of the case, the authors analyze the main legal issues covered by this case from the two aspects of the substantive and the procedural law, and reach the conclusions that the IPR strategy has gradually become the key to the IT enterprises in their intense market competition and that the concerned laws and regulations in China should be rectified and improved accordingly.
作者 冯薇 银路
出处 《Journal of Electronic Science and Technology of China》 2006年第4期323-327,共5页 中国电子科技(英文版)
关键词 IT enterprises PATENT intellectual property rights IT enterprises patent intellectual property rights
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参考文献4

  • 1GU Z.The Netac Came to Beijing to Interpret the Strategies: the Mobile Storage Industry Faces danger[EB OL]. http: news.chinabyte.com 480 1815980.shtml . 2004
  • 2.Guangdong Province Shenzhen Intermediat People’s Court Civil Decision 2002)[].Shen Zhong Fa Chu NO.2002
  • 3WU G L.Comparison of the patent infringement judgment of the Germany,England and USA[].Research of the Patent Law.1994
  • 4LIU G W.About the application of the counterclaim based on the prior art[].Chinese Patent and Trademark.2005

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