Saturday, December 15, 2007

IP Litigation Data: What It Means

Here is some interpretation on this data.
  1. The winning rates are similar whether the plaintiff is domestic or foreign.
  2. Trade secret is the most difficult IPR to protect.
  3. A higher percentage of cases involving foreign parties went to trial than cases involving only domestic parties.
  4. IPR is surprisingly (?) easy to protect with the plaintiff prevailing over 75% of the time.

Jurisdictional Issue
I don't know the Chinese court system well enough to answer this, but the Beijing courts see more IP cases than other jurisdictions because they also review PRB decisions. I am not sure whether this would make Beijing judges more or less amenable to novel arguments in litigation, but it is worth considering.

Problems...
This data is all cases selected for publication by the courts in each jurisdiction through January 2007. The data collector said that this is only a small number of the cases that were actually decided which raises one gigantic question: what criteria did the courts use in deciding what cases to publish? There may have been bias in the cases selected, and these cases might not be representative of the actual win/loss rates in IP litigation. Also, the low number of cases published involving foreign parties means that there might be large variation in outcomes as more cases are decided.

Conclusion
Inconclusive. But, encouraging for foreign companies who are wary of the China market for fear of not being able to find remedies for infringement.

No comments: