Patent Dispute Resolution Relating to Generics仿制药中的专利纠纷解决方案--陈文平2011.11.18
常见英语法律词汇汇总
常见英语法律词汇汇总英语法律词汇的掌握对于专业律师、法律翻译和涉及法律领域的相关行业从业人员来说是非常重要的。
下面将详细介绍一些常见的英语法律词汇，以便大家更好地理解和运用。
1. Law - 法律Law refers to a system of rules and regulations that are created and enforced by a particular country or community.2. Legal - 法律的Legal pertains to anything related to the law or its requirements.3. Legislation - 立法Legislation refers to the process of creating new laws or modifying existing laws.4. Statute - 法规A statute is a written law that has been formally passed by a legislative body.5. Regulation - 规定A regulation is a rule or directive that is issued by an executive branch of government in order to implement a law.6. Act - 法案An act is a formal written record of a decision made by a legislative body. Acts can be used to create new laws or modify existing ones.7. Legal system - 法律体系A legal system is a framework of rules, institutions, and procedures within which disputes are resolved and laws are made and enforced.8. Court - 法院A court is a governmental body with authority to resolve legal disputes.Courts apply the law to make decisions and judgments.9. Judge - 法官A judge is a public official who presides over court proceedings and makes decisions based on the law.10. Jury - 陪审团A jury is a group of citizens who are chosen to hear evidence and decide the outcome of a trial.11. Defendant - 被告A defendant is a person or entity that is accused of committing a crime or is being sued in a civil case.12. Plaintiff - 原告A plaintiff is a person or entity that brings a lawsuit against another party in a civil case.13. Prosecutor - 检察官A prosecutor is a lawyer who represents the government in criminal cases and is responsible for presenting the case against the defendant.14. Attorney - 律师An attorney is a person who is qualified and licensed to practice law, and is responsible for providing legal advice and representation to clients.15. Evidence - 证据Evidence is any information or material that is presented in court to prove or disprove a fact or issue in a case.16. Testimony - 证词Testimony is the oral or written statement given by a witness under oath in a court proceeding.17. Contract - 合同A contract is a legally binding agreement between two or more parties that creates rights and obligations.18. Tort - 侵权行为A tort is a civil wrong that causes harm or loss to another person, and can result in a legal liability.19. Liability - 责任Liability refers to legal responsibility for one's actions or omissions that cause harm to others.20. Damages - 损害赔偿Damages are monetary compensation awarded by a court to a party who hassuffered harm or loss as a result of another's actions.21. Intellectual property - 知识产权Intellectual property refers to creations of the mind such as inventions, literary and artistic works, symbols, names, and designs that are protected by law.22. Copyright - 版权Copyright is a legal protection that gives the creator of an original work the exclusive right to reproduce, distribute, and display the work.23. Trademark - 商标A trademark is a distinctive sign or symbol that is used to identify and distinguish goods or services of one party from those of others.24. Patent - 专利A patent is a government grant that gives inventors the exclusive right to make, use, and sell their inventions for a limited period of time.25. Constitutional law - 宪法法律Constitutional law refers to the body of law that deals with theinterpretation and application of a country's constitution.26. Civil law - 民法Civil law refers to the body of law that governs private disputes between individuals or organizations.27. Criminal law - 刑法Criminal law refers to the body of law that deals with crimes and the punishment of those who commit them.28. International law - 国际法International law refers to the body of rules and principles that govern the relations between states and international organizations.29. Human rights - 人权Human rights are fundamental rights and freedoms that every individual is entitled to, regardless of their nationality, race, gender, or other characteristics.30. Constitutional rights - 宪法权利Constitutional rights are the rights and freedoms guaranteed to individuals by a country's constitution, which serve as the foundation for the legal protection of citizens.31. Due process - 正当程序Due process refers to the fair and impartial treatment of individuals within the legal system, ensuring that their rights are protected and upheld throughout legal proceedings.32. Legal precedent - 法律先例Legal precedent refers to a previously decided case that serves as a guiding principle or authority in subsequent similar cases, providing a basis forlegal interpretation and decision-making.33. Rule of law - 法治The rule of law is the principle that all individuals, including government officials, are subject to and equal before the law, ensuring accountability, fairness, and justice in society.34. Judicial review - 司法审查Judicial review is the power of a court to review and evaluate the constitutionality and legality of laws, regulations, and governmental actions.35. Legal counsel - 法律顾问Legal counsel refers to the advice and representation provided by a lawyer or legal professional to individuals, businesses, or organizations in legal matters.36. Legal ethics - 法律道德Legal ethics are the professional standards and principles that govern the conduct and behavior of lawyers, ensuring integrity, confidentiality, and loyalty to clients.37. Mediation - 调解Mediation is a form of alternative dispute resolution in which a neutral third party facilitates communication and negotiation between conflicting parties to help them reach a mutually acceptable agreement.38. Arbitration - 仲裁Arbitration is a method of resolving disputes outside of court, where aneutral third party, called an arbitrator, reviews the evidence and makes a binding decision.39. Legal research - 法律研究Legal research involves the systematic investigation and analysis of legal principles, statutes, regulations, and cases to support legal arguments and provide accurate legal advice.40. Legal writing - 法律写作Legal writing refers to the clear and concise communication of legal information, including legal opinions, contracts, briefs, and other legal documents, in a manner that is easily understood by the intended audience.41. Legal interpretation - 法律解释Legal interpretation is the process of analyzing and understanding the meaning and intention behind laws, statutes, and legal texts, in order to apply them accurately to specific cases or situations.42. Legal advocacy - 法律倡导Legal advocacy involves representing and defending the interests, rights, and positions of clients in legal proceedings, using persuasive arguments and evidence to support their case.43. Legal education - 法律教育Legal education encompasses the academic study and professional training of individuals aspiring to become lawyers or legal professionals, providing them with the necessary knowledge and skills to practice law.44. Legal system reform - 法律体系改革Legal system reform refers to efforts to improve and update a country's legal system, including its laws, institutions, and procedures, in order to enhance access to justice, efficiency, and fairness.45. Intellectual Property Rights - 知识产权Intellectual Property Rights (IPR) refer to the legal rights granted to individuals or organizations for their creative and innovative works, such as inventions, literary and artistic works, trademarks, and designs. These rights enable creators and innovators to have exclusive control over their creations and prevent others from unauthorized use or exploitation.46. Trade Secret - 商业秘密A trade secret is confidential business information that provides a competitive advantage to its owner. It can include formulas, processes, customer lists, and other valuable information that is not generally known or easily discoverable. Trade secrets are protected by law, and unauthorized acquisition, use, or disclosure of trade secrets can result in legal action.47. Infringement - 侵权Infringement refers to the unauthorized or unlawful use, reproduction, distribution, or display of copyrighted works, trademarks, or otherintellectual property without the permission of the rights holder. Infringement can result in legal consequences, including injunctions, damages, and penalties.48. Fair Use - 合理使用Fair use is a legal doctrine that allows limited use of copyrighted works without the permission of the rights holder, for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. The determination of fair use depends on several factors, including the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality used, and the effect on the potential market for the work.49. Legal Aid - 法律援助Legal aid refers to the provision of free or low-cost legal services to individuals who cannot afford to pay for legal representation. It ensures access to justice for marginalized and disadvantaged individuals and helps balance the scales of justice by providing equal opportunities for legal protection and representation.50. Pro Bono - 免费法律服务Pro bono refers to the provision of legal services voluntarily and without charge by lawyers or law firms to individuals or organizations in need. Pro bono work aims to promote equal access to justice and assist those who cannot afford legal representation.51. Legal Clinic - 法律诊所A legal clinic is a facility or program that provides legal assistance and advice to individuals, usually under the supervision of licensed attorneys or law professors. Legal clinics often serve as training grounds for law students to gain practical experience while offering free or low-cost legal services to underserved communities.52. Confidentiality - 保密Confidentiality is the ethical and legal duty to keep information shared by clients or obtained during the course of legal representation confidential. Lawyers are obligated to protect the privacy and confidentiality of their clients and can face disciplinary action if they disclose privileged or confidential information without authorization.53. Conflict of Interest - 利益冲突A conflict of interest arises when a person, such as a lawyer, has competing personal, professional, or financial interests that could compromise their objectivity, judgment, or loyalty to their client. Lawyers must avoidconflicts of interest and, if they arise, disclose them to the client and take appropriate measures to address them.54. Legal Precedent - 法律先例Legal precedent, also known as case law, refers to the past decisions of higher courts that establish binding legal principles and interpretation of the law. Lower courts are generally bound to follow the precedent set by higher courts unless there are compelling reasons to depart from it.55. Legal System Hierarchy - 法律体系层级Legal systems often have a hierarchical structure, with different levels of courts and judicial authorities. Generally, the hierarchy starts with trial courts or district courts at the lowest level, followed by appellate courts or high courts, and ultimately the highest court, such as a supreme court or constitutional court, which has the final authority to interpret and apply the law.56. Legal Dispute Resolution - 法律纠纷解决Legal dispute resolution refers to the methods and processes used to resolve conflicts and disputes between parties, including negotiation, mediation, arbitration, and litigation. Different dispute resolution mechanisms offer varying degrees of formality, cost, flexibility, and finality, allowingparties to choose the most suitable approach for their specific circumstances.57. Legal Liability - 法律责任Legal liability is the legal responsibility or obligation to compensate someone for harm or loss resulting from one's actions or omissions. It can arise from various areas of law, such as tort law, contract law, or criminallaw, and may involve civil or criminal liability depending on the nature of the offense.58. Legal Reform - 法律改革Legal reform refers to deliberate and systematic changes made to improve and update the legal system and its processes. Legal reform aims to address shortcomings, enhance access to justice, promote fairness and efficiency, and adapt the law to social, economic, and technological developments in order to better serve the needs of society.59. Legal Compliance - 法律合规Legal compliance refers to the adherence and conformity to applicable laws, regulations, and legal requirements. Individuals, businesses, and organizations must ensure that their activities and operations comply with the law to avoid legal penalties, reputational damage, and other adverse consequences.60. Legal Due Diligence - 法律尽职调查Legal due diligence involves the careful examination, investigation, and assessment of legal risks and obligations associated with a particular transaction, investment, or business activity. Legal due diligence aims to identify and mitigate potential legal issues, liabilities, or regulatory compliance problems that could impact the outcome or viability of the transaction or activity.以上是一些常见的英语法律词汇汇总，这些词汇的掌握对于从事法律领域工作的人员来说非常重要。
法律英语重要词组
法律英语词组（—）1.bar exam 司法考试，律师执业考试2.hold bachelor’s degrees in the humanities and social sciences 在人类学和社会科学持学士学位3.autonomous entity 自治体，自治系统4.faculty of law, law school 法学院monwealth countries 共和国，联邦6.Juris Doctor or Doctor of Jurisprudence (J.D.) 法律专业博士7.attorney at law 律师，法律上的代理人practicing lawyer 执业律师，开业律师8.sit for a bar exam 参加司法考试，参加学位考试9.diploma privilege 学位特权10.Legum Doctor (LL.D.) [美]法学荣誉博士11.judical clerkship 法院书记员职位12.legal education 法学教育13.vocational courses 职业课程14.bachelor’s degree 学士学位parative Law 比较法16.Master of Laws (LL.M.) / Master of Jurisprudence (M.J.) 法学硕士17.call to the bar 取得律师资格18.LSAT法学院入学考试The Law School Admission Test19.MCAT医学院入学考试The Medical College Admission Test20.article 律师事务所实习（二）21.autonomous political 政治自治体22.codified constitution 成文宪法uncodified constitution 不成文宪法23.constitutional courts 宪法法院24.statutory law 成文法25.a simple majority 简单多数26.civil rights 民权，公民权利27.national legislature 国家立法机构28.supreme law 最高法29.constitutional amendments 宪法修正案30.a national referendum 全民公决31.the division of sovereignty 权力配置32.parliamentary sovereignty 议会（制）主权33.separation of powers 分权，权力分离34.canon law 教会法规35.supremany clause (宪法至上条款)，至上性条款36.federal constitution 联邦法院37.bicameral Congress两院制国会38.Supreme Court 最高法院39.the first ten amendments being known as the Bill of Rights美国宪法修正案前10条为“权力法案”40.Article of Confederation and Perpetual Union 美利坚邦联条例41.James Madison——The Father of the Constitution 美国宪法之父42.powerful bicameral legislature with House and Senate 强有力的参议院和众议院（house）的两院立法43.life-terms of service服务终身制，Benjamin Franklin本杰明·富兰克林44.due process clause 正当程序条款45.Magna Carta 自由大宪章46.Constitutional Convention in Philadelphia 费城会议（三）47.civil procedure 民事程序，民事诉讼程序48.American Bar Association 美国律师协会49.service of process 送达50.attorney general 首席检察官，司法部长51.statements of case 案情陈述书52.inherent jurisdiction 固有管辖权53.alternative dispute resolution 非诉讼纠纷解决机制54.criminal procedure 刑事诉讼程序55.state supreme court 州最高法院56.state court system 州法院体制57.High Court of Justice [英]最高法院58.legal costs 法律成本59.beyond reasonable doubt 合理疑点（四）60.due process of law 正当法律程序61.legal proceedings 法律程序62.natural justice 自然正义，实体正义63.procedural justice 程序正义64.concurring opinion 配合意见65.legal persons 法人66.unenumerated rights 未列举的权力67.due process clause 正当程序条款68.corporate personhood 社团法人69.substantive due process 实体性正当程序70.procedural due process 程序性正当程序71.federal government 联邦政府72.U.S. Constitution 美国宪法73.Edward Coke 爱德华·柯克（自然，程序，正义）对普通法影响74.legal authority 法律权威75.freedom of the press 新闻自由76.liberty of conscience 良心自由77.Queen’s Bench 王室法庭78.House of Commons 英国（下议院），平民院（五）79.criminal punishment 刑事惩罚ernment supervision 政府监控81.criminal codes 刑法典82.civil infractions 民事侵害权→8983.criminal consequences 刑事后果84.The Law of the Twelve Tables 十二铜表法85.physical or corporal punishment 肉刑，体罚86.house arrest 监视居住，（本宅）软禁87. retribution（惩罚，报应）, deterrence（威慑，制止）, incapacitation（剥夺）, rehabilitation （改造，矫正）, restitution（补偿，赔偿）88.utilitarianism 功利主义，实利主义89.civil infraction 民事侵害90.criminal sanctions 刑事处分，刑事制裁91.capital punishment 死刑92.parole 假释93.probation 缓刑94.cross examination 交叉询问95.Babylonian law 巴比伦法96.Code of Ur-Nammu 《乌尔拉姆法典》97.Code of Hammurabi 《汉漠拉比法典》98.felony [律]重罪99.prosecuting attorney 检察官100.Court of Appeal 上诉法院（六）101.contractual duties 合同责任，契约责任102.tortious conduct 侵权行为103.intentional tort 故意侵权104.duty of care 注意义务105.strict liability 严格责任106.real property 不动产（交付）尤其指房地产107.movable property 动产（登记）108.breach of fiduciary duty 违背信托责任109.false imprisonment 非法监禁110.no-fault party 无过错方no-fault [美]（汽车保险）不追究过失责任均予赔偿的，[律]无责任的111.tort liability 侵权责任112.punitive damage 惩罚性损害赔偿113.criminal detention 刑事拘留114.property rights 财产权115.analogy in criminal law 刑事类推116.product liability 产品责任117.abuse of process 滥用诉讼程序或权利118.malicious prosecution 恶意控告（七）119.breach of contract 违约120.civil law systems 民法法系121.capacity 行为能力，formalities 形式要件122.legally binding offer 有法律效力的要约123.unilateral contract 单方合同，单边合同124.unjust enrichment 不当得利125.statute of frauds 禁止欺诈法，防止欺诈法126.inviation to treat 邀请投标人作交易127.collateral contract 附属合同128.Justice Denning 丹宁法官129.equitable doctrine 衡平法则130.applicable law of contract 合同准据法131.oral contract 口头合同132.verbal contract 口头契约133.implied in fact 事实上的默示（八）134.transfer of property 财产转让135.contractual rights 契约权利，合同权利136.proprietary right /ownership right所有权137.personal property 个人财产动产138.personal rights 人身财产139.contributory negligence 共同过失nd tenure 土地租佃制度141.right of publicity 公开权142.bill of review 上诉状Black’s Law Dictionary 《布莱克法律词典》143.real estate 不动产（尤指房地产）（九）144.intellectual property 知识产权145.copyright 版权，著作权146.industrial property 工业产权147.World Intellectual Property Organization 世界知识产权组织（WIPO）148.trademark 商标149.patent holder 专利持有方150.intangible assets 无形资产151.industrial design right 工业设计权152.trade secret 商业秘密153.circuit court 巡回法院154.marginal cost 边际成本155.protectionist legislation 保护贸易立法156.free culture movement 自由文化运动157.exclusive rights 专有权158.derivative works 演绎作品159.Universal Copyright Convention 世界版权公约160.moral right 人格权，精神权利（十）161.Uniform Commercial Code 统一商法典(UCC)162.bill of exchange 汇票163.civil code 民法典164.safety laws 安全法mercial transaction 买卖，交易166.accident insurance事故保险167.Occupational Safety and Health Act 职业安全与健康法168.National Conference of Commissioners on Uniform State Laws统一州法全国委员会(NCCUSL)169.stock exchange 证券交易所170.limited liability 有限责任180.sole traders 独资企业（十一）181.the Wall Street 华尔街182.securities regulation 证券法规183.National Association of Securities Dealers 全美证券商协会184.New York Stock Exchange 纽约证券交易所185.futures 期货186.primary market 初级市场187.secondary market 二级市场188.Investment Company Act 《投资公司法案》189.blue sky laws 蓝天法modity Futures Trading Commission 日用期货贸易委员会191.Securities Investor Protection Act 《证券投资者保护法》192.Public Utility Holding Company Act 公用事业控股公司法193.trust indenture act 《信托契约法》194.Investment Advisers Act 《投资顾问法》（十二）195.Internortional Law 国际法196.public international law (or international public law 国际公法197.Universal Declaration of Human Rights 《世界人权宣言》(UDHR)198.UN Charter 《联合国宪章》199.private international law 国际私法200.soft law 软法201.conflict of laws 冲突法202.maritime law 海商法203.constitutional rights 宪法权利mercial arbitration 商务仲裁205.World Trade Organization 世界贸易组织(WTO)206.international criminal law 国际刑法207.multinational corporation 跨国公司208.outer space 太空，外层空间209.intergovernmental organization (IGO) 政府间组织210.state immunity 国家豁免211.municipal law 国内法（十三）世界贸易组织212.General Agreement on Tariffs and Trade 关税及贸易总协定（GATT）213.trade barriers 贸易壁垒214.the use of quotas 配额的运用215.dispute settlement 争端的解决216.Most Favoured Nation (MFN) 最惠国217.National Treatment 国民待遇218.free-riding 搭便车（十四）法律文书219.doctrine (n.教义，教条)of stare decisis 遵循先例原则220.judge made law 法官造法221.citation 案例出处222.cause of action 案由223.facts 事实情节224.issue 法律争议225.dissenting opinion or dissent 反对意见226.concuriing opinion 配合意见227.affirm 维持原判228.reverse 驳回原判229.power of attorney 授权委托书230.Arbitration Agreement 仲裁协议书。
专利纠纷 英语作文
专利纠纷英语作文Title: Resolving Patent Disputes: A Comprehensive Approach。
In today's globalized economy, patent disputes have become a common occurrence, particularly in industries driven by innovation and technological advancements. These disputes often arise due to disagreements over intellectual property rights, leading to lengthy legal battles that can hinder innovation and stifle competition. However, resolving patent disputes in a fair and efficient manner is essential for fostering innovation and promoting healthy competition in the marketplace.One approach to resolving patent disputes is through alternative dispute resolution (ADR) methods such as mediation and arbitration. Mediation involves a neutral third party assisting the disputing parties in reaching a mutually acceptable agreement. By facilitating communication and negotiation between the parties,mediation can help resolve disputes more quickly and cost-effectively than traditional litigation. Arbitration, on the other hand, involves submitting the dispute to a neutral arbitrator who renders a binding decision. While arbitration is more formal than mediation, it offers a faster resolution process and greater flexibility in terms of procedure and evidence presentation.Another effective strategy for resolving patent disputes is through cross-licensing agreements. In a cross-licensing agreement, the parties involved agree to grant each other licenses to use their respective patented technologies. This allows each party to continue using the patented technology without fear of infringement lawsuits, while also enabling them to leverage each other's innovations to develop new products and services. Cross-licensing agreements not only provide a practical solution to patent disputes but also promote collaboration and innovation within the industry.Furthermore, patent pools can offer a viable solution to resolving disputes involving standard-essential patents(SEPs). A patent pool is a consortium of companies that collectively license their SEPs to each other on fair, reasonable, and non-discriminatory (FRAND) terms. By pooling their patents together, companies can avoid costly litigation and ensure that their technologies are widely accessible for the development of interoperable products. Patent pools are particularly prevalent in industries such as telecommunications and consumer electronics, where standards play a crucial role in product development and market competition.In addition to these proactive approaches, policymakers and regulatory authorities play a crucial role in shaping the legal framework surrounding patent disputes. By enacting clear and enforceable patent laws, policymakers can provide guidance to innovators and investors while also deterring abusive patent litigation practices. Furthermore, regulatory authorities can facilitate the resolution of disputes through mechanisms such as patent invalidation proceedings and compulsory licensing, ensuring that patents are granted and enforced in the public interest.Overall, resolving patent disputes requires a multifaceted approach that combines legal, commercial, and regulatory strategies. By embracing alternative dispute resolution methods, fostering collaboration through cross-licensing agreements and patent pools, and implementing effective patent laws and regulations, stakeholders can mitigate the adverse effects of patent disputes and createa more conducive environment for innovation and competition. Through proactive engagement and cooperation, we can overcome the challenges posed by patent disputes and unlock the full potential of technological innovation for the benefit of society.。
专利侵权判定指南(2017)英文
专利侵权判定指南(2017)英文Patent Infringement Assessment Guide (2017)。
Introduction.This guide provides a comprehensive overview of the legal framework and practical considerations involved in assessing patent infringement. It is intended to assist patent owners, alleged infringers, and other stakeholders in understanding the key principles and factors that determine whether a particular product or process infringes a patent.Legal Framework.Patent infringement occurs when a person or entity, without the authorization of the patent owner, makes, uses, sells, offers for sale, or imports a product or processthat is covered by the claims of a valid patent.Types of Patent Infringement.There are two main types of patent infringement:Direct Infringement: Occurs when a product or process falls literally within the scope of a patent claim.Indirect Infringement: Occurs when a person induces or contributes to the infringement of a patent by another person or entity.Claim Interpretation.The first step in assessing patent infringement is to interpret the claims of the patent. Claims are the legally binding definitions of the subject matter protected by the patent.Claim interpretation involves considering the language of the claims, the specification, the prosecution history, and any relevant prior art.Literal Infringement.Literal infringement occurs when a product or process meets all of the limitations of a patent claim, either exactly or through equivalents.Doctrine of Equivalents.The doctrine of equivalents is an equitable doctrine that prevents blatant infringement by allowing a finding of infringement even if a product or process does notliterally meet all of the limitations of a patent claim.To determine infringement under the doctrine of equivalents, courts consider whether the accused product or process performs substantially the same function in substantially the same way as the claimed invention, and whether it achieves substantially the same result.Indirect Infringement.Indirect infringement can occur in several ways,including:Contributory Infringement: Occurs when a person supplies a component or material that is specifically designed for use in an infringing product or process.Inducement of Infringement: Occurs when a person actively encourages or induces another person or entity to infringe a patent.Willful Infringement: Occurs when a person or entity infringes a patent with knowledge of its validity and without a reasonable belief of non-infringement.Available Remedies.If patent infringement is established, the patent owner may be entitled to a range of remedies, including:Injunctions: to prevent further infringement.Damages: to compensate for lost profits and otherlosses.Accounting of Profits: to obtain a share of the infringer's profits from the sale of infringing products or processes.Attorney Fees: in certain cases.Defenses to Patent Infringement.There are several defenses that may be raised in response to a claim of patent infringement, including:Invalidity: Challenging the validity of the patent on grounds of lack of novelty, obviousness, or other statutory requirements.Non-Infringement: Demonstrating that the accused product or process does not fall within the scope of any patent claim.Fair Use: Using the invention for non-commercial orexperimental purposes.Laches: Delaying in asserting a claim for infringement.Statute of Limitations: The time period within which a claim for infringement must be brought.Practical Considerations.In addition to the legal framework, there are several practical considerations that should be taken into account when assessing patent infringement:Expert Testimony: Patent infringement cases often require expert testimony to explain complex technical concepts and interpret patent claims.Disclosure of Prior Art: Parties involved in patent infringement litigation should disclose any prior art that may be relevant to the validity or infringement of the patent in question.Settlement Negotiations: Most patent infringement cases are settled before trial. It is important tocarefully consider the strengths and weaknesses of a case before entering into settlement negotiations.Alternative Dispute Resolution: Mediation and arbitration can be effective methods of resolving patent disputes without the need for lengthy and expensive litigation.Conclusion.Assessing patent infringement involves a complex interplay of legal and technical considerations. This guide provides a comprehensive overview of the key principles and factors that guide this process. Understanding these principles is essential for patent owners, alleged infringers, and other stakeholders in protecting their rights and avoiding costly legal disputes.。
英语合同知识产权条款
英语合同知识产权条款Intellectual Property Rights Clauses in English Contracts.1. Definition of Intellectual Property.The term "intellectual property" refers to creations of the mind, such as inventions, literary and artistic works, and designs. It encompasses various types of intangible property rights, including copyrights, patents, trademarks, and trade secrets.2. Ownership of Intellectual Property.a) Default Ownership: Unless otherwise agreed, the creator of an intellectual property work is typically the owner.b) Assignment and Licensing: An owner can assign (transfer ownership) or license (grant limited rights touse) their intellectual property to third parties.3. Protection of Confidential Information.Confidentiality clauses are used to protect sensitive and proprietary information disclosed during the course of a business relationship. These clauses typically prohibit the recipient of confidential information from disclosing it to unauthorized parties or using it for purposes other than those specified in the contract.4. Indemnification for Intellectual Property Infringement.Indemnification clauses protect a party from liability or damages resulting from intellectual property infringement claims made by third parties. The party responsible for the infringement (the "indemnitor") agrees to compensate the other party (the "indemnified") for any losses or expenses incurred.5. Warranties of Non-Infringement.Warranties of non-infringement provide the recipient of intellectual property rights with an assurance that the use of the property will not infringe upon the intellectual property rights of third parties. In the event of an infringement claim, the warrantor (the party providing the warranty) may be liable for any damages or penaltiesarising from the infringement.6. Intellectual Property Audits.Intellectual property audit clauses allow a party to conduct periodic audits to assess compliance with the intellectual property terms of the contract. The purpose of an audit is to ensure that the other party is using the intellectual property in accordance with the agreed-upon terms and is not engaging in any unauthorized activities.7. Dispute Resolution.Intellectual property disputes can be complex and require specialized expertise. Contracts often includedispute resolution provisions, such as mediation or arbitration, to provide an efficient and confidential mechanism for resolving disputes without resorting to litigation.8. Governing Law and Jurisdiction.The governing law and jurisdiction clause determines the legal framework and court system that will apply to the interpretation and enforcement of the intellectual property provisions of the contract. Choosing an appropriate governing law and jurisdiction is crucial for ensuring the enforceability of the contract in the event of a dispute.Sample Intellectual Property Rights Clause:"The Company shall be the exclusive owner of all intellectual property created or developed in connection with the performance of services under this Agreement, including, but not limited to, inventions, discoveries, improvements, designs, software, algorithms, data, and documentation. The Company shall have the exclusive rightto use, reproduce, modify, distribute, and license the intellectual property for any purpose without compensation to the Contractor. The Contractor hereby irrevocably assigns to the Company all rights, title, and interest in and to the intellectual property, including all copyright and patent rights."。
专利技术合作开发协议(中英文6篇
专利技术合作开发协议(中英文6篇篇1Patent Technology Cooperation Development AgreementThis Patent Technology Cooperation Development Agreement (hereinafter referred to as the "Agreement") is entered into by and between Party A and Party B, in order to regulate the cooperation in the development of patent technology (hereinafter referred to as the "Project") and protect the legitimate rights and interests of both parties.Article 1: Objectives and Scope of the Agreement1.1 The objectives of this Agreement are to promote the development of the Project, enhance the competitiveness of both parties in the market, and jointly promote the application and promotion of patent technology.1.2 The scope of this Agreement covers all aspects of the cooperation in the development of the Project, including but not limited to technology research and development, joint testing,product manufacturing, marketing and promotion, as well as the protection of intellectual property rights.Article 2: Rights and Obligations of Both Parties2.1 Party A shall provide the patent technology to be developed, as well as technical guidance and support during the development process.2.2 Party A has the right to supervise the progress and quality of the development work carried out by Party B, and shall provide necessary assistance and coordination when needed.2.3 Party B shall undertake the development work specified in this Agreement, including technology research and development, joint testing, product manufacturing, marketing and promotion, etc.2.4 Party B shall protect the intellectual property rights of both parties during the development process, and shall not disclose any confidential information or take any actions that may damage the legitimate rights and interests of both parties.Article 3: Confidentiality3.1 Both parties shall treat all confidential information disclosed by the other party as confidential, and shall notdisclose it to any third party without the written consent of the disclosing party.3.2 The confidential information disclosed by both parties shall be used solely for the purposes specified in this Agreement, and shall not be used for any other purposes or disclosed to any third party.3.3 Both parties shall take reasonable measures to protect the confidential information disclosed by the other party from unauthorized access, disclosure or use.Article 4: Intellectual Property Rights4.1 All intellectual property rights arising from the development of the Project shall be owned jointly by both parties, unless otherwise agreed upon in writing.4.2 Both parties shall jointly apply for relevant patents and copyrights for the Project, and shall handle any disputes or litigation related to intellectual property rights in a timely and properly manner.4.3 Both parties shall respect each other's intellectual property rights during the cooperation process, and shall not engage in any act that may infringe on the other party's intellectual property rights.Article 5: Dispute Resolution5.1 Any dispute or difference arising from the interpretation or performance of this Agreement shall be resolved through friendly consultation between both parties.5.3 Both parties shall comply with the arbitration award made by the arbitration institution, and shall take necessary measures to fulfill their obligations under the award. If either party fails to comply with the award, the other party may apply to a court of competent jurisdiction for enforcement of the award. All costs incurred in connection with enforcement proceedings shall be borne by the party seeking enforcement.Article 6: Force Majeure6.1 Either party hereto may be excused from its obligations under this Agreement if it is prevented from fulfilling its obligations due to any event beyond its reasonable control (hereinafter referred to as "Force Majeure Event"). Force Majeure Events include but are not limited to: natural disasters, wars, riots, embargoes, labor disputes, fires, explosions, accidents, computer viruses, telecommunications failures, or any other similar events that are beyond the reasonable control of a party.篇2中英文英文部分This Agreement is made by and between the two parties, Party A and Party B, on the date specified below, with respect to the collaboration in the development of patented technology.1. Collaboration1.1 Party A and Party B agree to collaborate in the development of patented technology, specifically in the area of technology related to the project “XYZ”. This collaboration will involve the sharing of expertise, resources, and efforts to achieve the objectives set forth in this Agreement.1.2 The collaboration will be governed by the principles of mutual respect, equality, and mutual benefit, with a focus on innovation and common development.2. Objectives2.1 The primary objective of this collaboration is to develop patented technology that is competitive in the market andcapable of generating significant revenue for both parties. The specific objectives include:* To achieve technological breakthroughs in the field of XYZ;* To create new products or services that are based on the patented technology;* To expand the market for these products or services; and* To establish long-term partnerships for future collaborations.3. Responsibilities3.1 Party A shall be responsible for providing the initial funding for the project, as well as any additional funds required to sustain the project’s progress. Party A shall also be responsible for coordinating the efforts of the parties and ensuring that the project is managed effectively.3.2 Party B shall be responsible for providing its expertise and resources to the project, including but not limited to its intellectual property, technical personnel, and research facilities. Party B shall also be responsible for ensuring that its contributions to the project are of high quality and meet the agreed-upon standards.4. Rights and Interests4.1 All intellectual property rights related to the patented technology developed under this Agreement shall be owned by Party B. However, Party A shall have a non-exclusive license to use this technology for the purposes of the project, subject to the terms and conditions set forth in this Agreement.4.2 Party A shall have the right to participate in the decision-making process related to the project, including decisions related to its direction, scope, and budget. Party A shall also have the right to review and approve any proposed changes to the project that may affect its interests.5. Dispute Resolution5.1 Any disputes that arise between the parties related to this Agreement shall be resolved through friendly negotiation. If negotiation fails, either party may seek assistance from a third party mediator or submit the dispute to arbitration or litigation in accordance with applicable laws and regulations.6. Termination6.1 This Agreement may be terminated by either party at any time, provided that such termination does not violate any provision of law or regulation, or any obligation assumed byeither party under this Agreement. The terminating party shall give written notice to the other party at least 30 days prior to the effective date of termination.7. Miscellaneous7.1 This Agreement shall be governed by and interpreted in accorda nce with the laws of the People’s Republic of China. Any disputes related to this Agreement that are not resolved through negotiation or mediation shall be submitted to arbitration in accordance with applicable laws and regulations. The arbitration award shall be final and binding on both parties.7.2 This Agreement constitutes the entire agreement between the parties with respect to their collaboration in the development of patented technology. It supersedes all prior agreements and understandings between the parties with respect to such collaboration. No modification or amendment to this Agreement shall be effective unless it is in writing and signed by both parties.中文部分本协议由双方于以下日期签署，关于专利技术的合作开发。
汉英法律专业词汇
汉英法律专业词汇1. 引言本文档旨在整理汉英法律专业常用的词汇，以供学习和参考之用。
法律领域的专业术语对于翻译、理解和分析法律文件至关重要。
通过掌握这些词汇，读者将能更好地理解法律文件，并在跨文化交流中进行有效的沟通。
2. 法律制度和组织•法律制度：Legal system•宪法：Constitution•刑法：Criminal law•民法：Civil law•行政法：Administrative law •国际法：International law •司法体系：Judicial system •最高法院：Supreme Court •刑事诉讼：Criminal procedure •民事诉讼：Civil procedure •诉讼程序：Legal proceedings•律师: Lawyer•法官: Judge•检察官: Prosecutor3. 合同法•合同：Contract•合同主体：Parties to a contract •订立合同：Enter into a contract •合同条款：Contract clause•无效合同：Void contract•有效合同：Valid contract•违约：Breach of contract•合同解除：Termination of contract•争议解决：Dispute resolution•法律适用：Governing law•合同违约赔偿：Contractual damages 4. 知识产权•专利：Patent•商标：Trademark•著作权：Copyright•商业秘密：Trade secret•侵权：Infringement•专利申请：Patent application•商标注册：Trademark registration•著作权登记：Copyright registration•知识产权保护：Intellectual property protection•颁发专利证书：Grant a patent certificate •撤销专利：Invalidation of a patent5. 公司法•公司：Company•股份有限公司：Limited liability company •董事会：Board of Directors•董事：Director•股东：Shareholder•公司章程：Articles of Association•注册资本：Registered capital•股权转让：Transfer of shares•股东会议：Shareholders’ meeting•公司清盘：Liquidation of a company6. 人权法•人权：Human rights•平等：Equality•自由：Freedom•法律权利：Legal rights•政治权利：Political rights•经济权利：Economic rights•社会权利：Social rights•歧视：Discrimination•言论自由：Freedom of speech•宗教自由：Freedom of religion•雇佣歧视：Employment discrimination 7. 犯罪和刑事司法•犯罪：Crime•刑事责任：Criminal liability•盗窃：Theft•谋杀：Murder•袭击：Assault•妨碍司法公正：Obstruction of justice•罚款：Fine•判刑：Sentencing•缓刑：Probation•无罪释放：Acquittal8. 婚姻和家庭法•婚姻：Marriage•离婚：Divorce•配偶：Spouse•夫妻共同财产：Marital property •孩子抚养权：Child custody•探视权：Visitation rights•婚前协议：Prenuptial agreement•家暴：Domestic violence•遗嘱：Will•遗产分配：Inheritance distribution 9. 国际法•合同国家：Contracting state•条约：Treaty•国际公约：International convention •外交豁免权：Diplomatic immunity •战争犯罪：War crimes•领土争端：Territorial dispute•领事：Consul•外交关系：Diplomatic relations•人道主义法：Humanitarian law•国际仲裁：International arbitration以上是汉英法律专业常用词汇的简要介绍，希望能为读者提供参考和学习的资料。
中美经贸协议英文版
中美经贸协议英文版The Sino-US Economic and Trade AgreementIntroduction:The Sino-US Economic and Trade Agreement is a bilateral agreement between China and the United States that aims to address various economic and trade issues between the two countries. It was signed on January 15, 2020, after months of negotiations and tensions arising from the ongoing trade war. Trade in Goods:Under the agreement, China has committed to significantly increase its imports of goods and services from the United States over the next two years. China has agreed to purchase an additional $200 billion worth of American goods and services, including manufactured goods, agricultural products, energy products, and services such as financial, healthcare, and tourism.Intellectual Property Rights Protection:One of the key concerns for the United States in its trade relations with China has been the protection of intellectual property rights. The agreement includes provisions that seek to enhance the protection and enforcement of intellectual property rights in China. This includes measures to combat counterfeiting and piracy, strengthen patent protection, and ensure fair technology transfer and licensing terms.Technology Transfer and Forced Technology Disclosure:The issue of forced technology transfer has been a major point of contention between China and the United States. The agreementaddresses this concern by prohibiting the forced transfer of technology by the Chinese government or any Chinese entity. It also includes provisions to prevent the unauthorized disclosure of trade secrets and confidential business information.Currency Manipulation:Accusations of currency manipulation have been another source of tension between the two countries. The agreement includes commitments from China to refrain from competitive devaluation of its currency, maintain transparency in its exchange rate policies, and refrain from using exchange rates for unfair competitive advantage.Financial Services and Market Access:The agreement also seeks to improve market access for US financial institutions in China. It includes commitments from China to remove certain barriers to foreign ownership of financial services companies, streamline the regulatory approval process, and enhance protections for intellectual property in the financial services sector.Dispute Resolution:To address any potential disputes arising from the agreement, a strong dispute resolution mechanism has been put in place. This includes a bilateral consultation process and the establishment of a dispute resolution panel to address any issues that cannot be resolved through consultations.Conclusion:The Sino-US Economic and Trade Agreement is a significant stepforward in addressing the economic and trade issues between China and the United States. It seeks to promote fair and reciprocal trade, protect intellectual property rights, address concerns about forced technology transfer, and enhance market access. While the agreement is considered a positive development, its long-term impact on the bilateral trade relationship between the two countries remains to be seen.。
The_New_Patent_Law_Brings_Great_Changes_to_Improve
61China ’s Patent Law has just undergone its fourth revi-sion in 2020 to improve the patent protectionsystem and further improve a business environment that respects innovation, thereby safeguarding the legitimate rights and interests of patent owners and enhancing the confidence of inno-vation entities in patent protection.Highlights of the amendmentsThe new Patent Law came into effect on June 1, 2021, and the amend-ments mainly include:The new Patent Law increases the intensity of compensation for patent infringement, and the amount of com-pensation can be determined within 1-5 times of the calculated amount for in-tentional infringement of patent rights. In addition, the statutory compensation amount has been increased, the upper limit of the statutory compensation amount has been raised from RMB 1 to RMB 5 million (from around USD 156,400 to around USD 782,000), and the lower limit has been raised from RMB 10,000 to RMB 30,000 (from around U SD 1,564 to around U SD 7,820).The new Patent Law incorporates partial design into design patent pro-tection, expanding the scope of design patent protection. The protection peri-od of designs has been increased from 10 to 15 years. In addition, domestic priority for design patents is added, which is beneficial to applicants for design patents.The New Patent Law BringsGreat Changes to Improve the Business Environment in ChinaIn order to make up for the loss of the patent protection period caused by the unreasonable delay in the substan-tive examination process of the inven-tion patent, the patent right period compensation system has been added in this revision. In addition, compensation for the loss of the patent right period due to the time occupied by the ap-proval of the new drug’s marketing has also been added.The new Patent Law also adds a patent open license system, and stipulates the open license statement and its effective procedures, rights and obligations for obtaining an open license by the licensee, and the cor-responding dispute resolution path. This allows any entity or individual to easily obtain a patent license, which is conducive to reducing transaction costs and improving the efficiency of patent conversion.In addition, the new Patent Law also includes several aspects such as in-creasing the applicable circumstances without loss of novelty, and adding special protection regulations for drug patents.Punitive damages and the burden of proof for patent infringementThe new Patent Law has added a punitive damages system and increased the amount of statutory damages. The cost of infringement has been increased due to the implementation of strict intellectual property protection, which reflects the orientation of increasing patent protection and encouraging in-novation.By Jing LiuThe new Patent Law increases the intensity of compensation for patent infringement, and the amount of compensation can be determined within 1-5 times of the calculated amount for intentional infringement of patent rights.62R ights” (hereinafter referred to as t he “Inter pretat ion”), wh ic h provides uniform and clear judgment standards for punitive damages. The “Interpretation” also stipulates the rules for the calculation of punitive damages. Article 5 clarifies that the calculation base of punitive damages is the plaintiff ’s actual amount lost, the amount of the defendant ’s illegal gains or the interest obtained due to infringement, or the multiple royalties of rights.According to the new Patent Law and the Supreme Court ’s judicial in-terpretation, it can be seen that China ’sIP environment has undergone major changes, which are more conducive to rights holders to safeguard their legiti-mate rights and interests, especially in obtaining compensation.Case StudyChina ’s intellectual property environment is increasingly conducive to rights holders to protect their legit-imate rights and interests, such as the following cases 1-3. The new Patent Law has brought about major changes in judicial practice. As we can see in case 3, the right holder received a very high amount of compensation.China’s IP environment has undergone major changes, which aremore conducive to rights holders to safeguard their legitimate rights and interests, especially in obtaining compensation.At the same time, the new Patent Law improves the provisions on the burden of proof. When the right holder has tried his best to provide evidence, and the account books and materials re-lated to the infringement are mainly in the hands of the infringer, the people ’s court can order the infringer to provide it, thereby reducing the right holder ’s burden of proof.The Supreme People ’s Court has issued the “Interpretation of the Supreme People ’s Court on the Application of Punitive Damages i n t h e Tr i a l o f C i v i l C a s e s o f Infringement of Intellectual Property。
专利纠纷英语作文
专利纠纷英语作文In the realm of business and technology, patents are the cornerstone of innovation. They provide inventors with exclusive rights to their creations, fostering a competitive environment that drives progress. However, with the rise of intellectual property as a valuable asset, patent disputes have become increasingly common. This essay will explore the nature of patent disputes, their impact on the industry, and the measures that can be taken to resolve them.Patent disputes typically arise when two parties disagreeover the ownership or validity of a patent. This can occur when a company believes another has infringed upon their patented technology or when the legitimacy of a patent itself is questioned. The disputes can lead to lengthy and costly legal battles that not only strain the financial resources of the parties involved but also slow down the pace of innovation.The impact of patent disputes extends beyond the immediate parties. Investors may shy away from funding new ventures for fear of potential legal entanglements. Moreover, consumersmay be denied access to new technologies as companies hold back from launching products that might provoke a patent lawsuit. The chilling effect on innovation can be significant, particularly in fast-moving industries such as technology and pharmaceuticals.To mitigate the negative effects of patent disputes, several measures can be taken. Firstly, companies should invest in thorough patent searches before embarking on new projects to ensure they are not inadvertently infringing on existing patents. Secondly, clear communication and negotiation can often resolve disputes before they escalate into full-blown litigation. Mediation and arbitration are alternative dispute resolution methods that can be less costly and time-consuming than court battles.Additionally, governments and international bodies play a crucial role in establishing robust legal frameworks that protect intellectual property rights while also promotingfair competition. The World Intellectual Property Organization (WIPO), for example, offers resources and forums for resolving cross-border patent disputes.In conclusion, patent disputes are a complex issue that can have far-reaching implications for businesses, consumers, and the innovation landscape. By taking proactive steps to avoid disputes and by engaging in fair and transparent practices, the industry can continue to thrive while respecting the rights of inventors. As the global economy becomes more interconnected, the importance of international cooperationin patent matters will only grow, making it imperative forall stakeholders to work towards a harmonious system that values both innovation and legal integrity.。
股份收购协议(英文)
SERIES A PREFERRED STOCK PURCHASE AGREEMENTPreliminary NoteThe Stock Purchase Agreement sets forth the basic terms of the purchase and sale of the preferred stock to the investors (such as the purchase price, closing date, conditions to closing) and identifies the other financing documents. Generally this agreement does not set forth either (1) the characteristics of the stock being sold (which are defined in the Certificate of Incorporation) or (2) the relationship among the parties after the closing, such as registration rights, rights of first refusal and co-sale, voting arrangements (these matters often implicate other persons than just the Company and the investors in this round of financing, and are usually embodied in separate agreements to which those others persons are parties, or in some cases by the Certificate of Incorporation). The main items of negotiation in the Stock Purchase Agreement are therefore the price and number of shares being sold, and the representations and warranties that the Company, and sometimes the Founders as well, must make to the investors.TABLE OF CONTENTSPage1. Purchase and Sale of Preferred Stock. (1)1.1. Sale and Issuance of Series A Preferred Stock. (1)1.2. Closing; Delivery. (1)1.3. Sale of Additional Shares of Preferred Stock. (2)1.4. Use of Proceeds. (3)1.5. Defined Terms Used in this Agreement. (3)2. Representations and Warranties of the Company. (5)2.1. Organization, Good Standing, Corporate Power and Qualification. (6)2.2. Capitalization. (6)2.3. Subsidiaries. .......................................................................... 错误！未定义书签。
【ket】ket分类词汇表完整详细版
【ket】ket分类词汇表完整详细版下面是一个完整且详细的【ket】分类词汇表，供您参考：A类- Access to Justice （司法访问）- Acts of Parliament （议会法）- Administrative Law （行政法）- Admissibility （可采信性）- Agreement （协议）- Alternative Dispute Resolution （ADR，另外争议解决）- Appeal （上诉）- Arbitration （仲裁）- Assault （袭击）- Assignment of Contract （合同转让）- Attorney (also Solicitor, Lawyer) （律师）- Authorization （授权）- Autonomy （自主）B类- Bail （保释）- Bankruptcy （破产）- Barrister （大律师）- Breach of Contract （违反合同）- Burden of Proof （举证责任）- Business Law （商法）C类- Case Law （判例法）- Cause of Action （诉因）- Civil Law （民法）- Class Action （集体诉讼）- Constitution （宪法）- Contract （合同）- Copyright （版权）- Corporate Law （公司法）- Criminal Law （刑法）- Custody （监护权）D类- Damages （损害赔偿）- Deed （契约）- Defendant （被告）- Direct Evidence （直接证据）- Dispute Resolution （争议解决）- Divorce （离婚）E类- Employment Law （劳动法）- Equity （衡平法）- Estoppel （禁止反言）- Evidence （证据）- Executor （执行人）F类- Fraud （欺诈）I类- Intellectual Property （知识产权）J类- Judge （法官）- Jurisdiction （管辖权）- Jury （陪审团）L类- Law Society （律师协会）- Legal Aid （法律援助）- Legal Research （法律研究）- Legislation （立法）- Liability （法律责任）- Lien （留置权）- Litigation （诉讼）M类- Mediation （调解）- Mooting （模拟庭审）- Murder （谋杀）N类- Negligence （过失）P类- Patent （专利）- Personal Injury （人身伤害）- Plaintiff （原告）- Precedent （先例）- Property Law （财产法）R类- Rape （强奸）- Reasonable Care （合理关怀）- Remedy （救济）- Rule of Law （法治）S类- Statute （法令）- Summary Judgment （判决审查）- Supreme Court （最高法院）T类- Tort （侵权）- Trademark （商标）- Trust （信托）U类- Unilateral Contract （单方合同）W类- Will （遗嘱）- Witness （证人）- Wrongful Death （非正当死亡）以上是【ket】分类词汇表的完整详细版。
保密协议文件(中英文)
保密协议文件(中英文)保密协议文件 (Confidentiality Agreement Document)背景 (Background)本保密协议文件（以下简称“协议”）是由 [公司名称]（以下简称“甲方”）和 [合作方名称]（以下简称“乙方”）订立的，旨在确保双方之间的信息安全和保密。
协议条款 (Agreement Terms)1. 保密信息的定义 (Definition of Confidential Information)1.1. “保密信息”指甲方和乙方在合作期间互相交换的关于商业、技术、财务、客户或其他方面的机密信息，包括但不限于商业计划、营销策略、客户名单、研发成果、设计图纸、专利申请等。
2. 保密责任 (Confidentiality Obligations)2.1. 双方同意严格保守对方提供的保密信息，不得将其泄露给任何未获得授权的第三方。
2.2. 双方同意仅在必要的情况下，将保密信息仅限于内部需要知悉的员工和顾问，并且需确保这些人员也遵守本协议的保密条款。
2.3. 双方同意采取合理的措施，以确保保密信息的安全性和完整性，包括但不限于加密、访问控制、备份及灾难恢复等。
3. 使用限制 (Use Restrictions)3.1. 双方同意仅在合作期间内使用保密信息，并且只为履行本协议约定的目的使用。
3.2. 未经对方事先书面同意，双方不得将保密信息用于任何其他目的，包括但不限于复制、修改、分发、出版或公开发布。
4. 解除保密 (Termination of Confidentiality)4.1. 本协议自甲方和乙方间的合作关系终止之日起终止，但保密信息的保密义务则在协议终止后继续有效。
4.2. 任何一方协议终止后，应返还对方所有的保密信息，并且不得保留任何副本或记录。
争议解决 (Dispute Resolution)任何与本协议有关的争议或纠纷应通过友好协商解决。
若协商不成，双方同意将争议提交至 [仲裁委员会名称] 进行仲裁，并接受仲裁结果的最终裁决。
国际贸易专业英语单词
国际贸易专业英语单词1. Import - 进口2. Export - 出口3. Trade - 贸易4. Goods - 商品5. Services - 服务6. Tariff - 关税7. Duty - 关税8. Customs - 海关9. Free trade - 自由贸易10. Balance of trade - 贸易平衡11. Trade deficit - 贸易赤字12. Trade surplus - 贸易顺差13. Trade barrier - 贸易壁垒14. Quota - 进口限额15. Embargo - 禁运16. Dumping - 倾销17. Dumping margin - 倾销幅度18. Anti-dumping duty - 反倾销税19. Subsidy - 补贴20. Trade agreement - 贸易协议21. World Trade Organization (WTO) - 世界贸易组织22. Free trade agreement - 自由贸易协议23. Preferential trade agreement - 优惠贸易协议24. Trade dispute - 贸易争端25. Trade war - 贸易战争26. Bilateral trade - 双边贸易第1页/共6页27. Multilateral trade - 多边贸易28. Exchange rate - 汇率29. Currency - 货币30. Foreign exchange - 外汇31. Importer - 进口商32. Exporter - 出口商33. Trade deficit - 贸易赤字34. Trade surplus - 贸易顺差35. Inflation - 通货膨胀36. Deflation - 通货紧缩37. Cross-border trade - 跨境贸易38. Trade finance - 贸易融资39. Letter of credit - 信用证40. Bill of lading - 提单41. Incoterms - 货物贸易术语42. FOB (Free On Board) - 离岸价43. CIF (Cost, Insurance, and Freight) - 到岸价44. EXW (Ex Works) - 工厂交货价45. Port of entry - 入境口岸46. Port of exit - 出境口岸47. Shipping - 运输48. Logistics - 物流49. Clearing agent - 清关代理商50. Inbound logistics - 入境物流51. Outbound logistics - 出境物流52. Customs duty - 海关税53. Import license - 进口许可证54. Export license - 出口许可证55. Import quota - 进口配额56. Export quota - 出口配额57. Import restrictions - 进口限制58. Export restrictions - 出口限制59. Trade policy - 贸易政策60. Trade negotiations - 贸易谈判61. Market access - 市场准入62. Non-tariff barriers - 非关税壁垒63. Intellectual property rights - 知识产权64. Counterfeit - 仿冒65. Trademark - 商标66. Patent - 专利67. Copyright - 版权68. Royalties - 版权使用费69. Anti-counterfeiting - 打击假冒70. Dumping investigation - 倾销调查71. Import substitution - 进口替代72. Export promotion - 出口促进73. Trade facilitation - 贸易便利化74. Trade dispute settlement - 贸易争端解决75. Trade remedy - 贸易救济措施76. Dumping margin - 倾销幅度77. Safeguard measures - 保障措施78. Countervailing duty - 反补贴税79. Anti-dumping duty - 反倾销税80. Tariff escalation - 关税递增81. Product standards - 产品标准82. Technical barriers to trade - 技术贸易壁垒83. Sanitary and phytosanitary measures - 卫生和植物检疫措施84. Trade remedy investigation - 贸易救济调查85. Dispute settlement mechanism - 争端解决机制第3页/共6页86. Preferential tariffs - 优惠关税87. Most favored nation (MFN) - 最惠国待遇88. General Agreement on Tariffs and Trade (GATT) - 关税与贸易总协定89. Regional trade agreement (RTA) - 区域贸易协定90. Free trade area - 自由贸易区91. Customs union - 关税同盟92. Common market - 共同市场93. Economic integration - 经济一体化94. North American Free Trade Agreement (NAFTA) - 北美自由贸易协定95. European Union (EU) - 欧盟96. Single market - 单一市场97. Customs union - 关税同盟98. European Economic Community (EEC) - 欧洲经济共同体99. Association of Southeast Asian Nations (ASEAN) - 东南亚国家联盟100. Pacific Alliance - 太平洋联盟101. Trans-Pacific Partnership (TPP) - 跨太平洋伙伴关系102. World Bank - 世界银行103. International Monetary Fund (IMF) - 国际货币基金组织104. International trade law - 国际贸易法105. International trade finance - 国际贸易融资106. International trade dispute resolution - 国际贸易争端解决107. Import substitution industrialization (ISI) - 进口替代工业化108. Outward processing trade - 外加工贸易109. Offshore trade - 离岸贸易110. Advance payment - 预付款111. Documentary credit - 跟单信用证112. Documentary collection - 跟单托收113. Factoring - 让与114. Forfaiting - 福费廷115. Letter of indemnity - 不足保证书116. Standby letter of credit - 保函117. Open account - 开立账户118. Bill of exchange - 汇票119. Commercial invoice - 商业发票120. Packing list - 装箱单121. Certificate of origin - 原产地证书122. Import declaration - 进口申报123. Export declaration - 出口申报124. Insurance certificate - 保险凭证125. Bill of lading - 提单126. Bill of lading - 佣提单127. Bill of lading - 非佣提单128. Air waybill - 空运提单129. Phytosanitary certificate - 植物检疫证书130. Certificate of inspection - 检验证书131. Certificate of conformity - 符合性证明132. Certificate of quality - 质量证明书133. Country of origin - 原产国134. Harmonized System (HS) code - 统一编码135. Tariff code - 关税编码136. Value-added tax (VAT) - 增值税137. Excise tax - 特别消费税138. Withholding tax - 扣缴税139. Customs valuation - 海关估价140. Transfer pricing - 转让定价141. Import duty - 进口关税第5页/共6页142. Export duty - 出口关税143. Import restrictions - 进口限制144. Export restrictions - 出口限制145. Inventory - 库存146. Supply chain - 供应链147. Market research - 市场调查148. Trade show - 贸易展览会149. Market segmentation - 市场细分150. Market entry strategy - 进入市场策略。
劳务合同英语简称
A labor contract, also known as an employment agreement, is a legally binding document between an employer and an employee that outlines the terms and conditions of employment. It serves as a written agreementthat establishes the rights and obligations of both parties, ensuring clarity and fairness in the employment relationship. In this article, we will discuss the essential elements of a labor contract, its significance, and the key points that should be included.1. IntroductionThe introduction of a labor contract typically includes the names and details of the employer and the employee, as well as the effective date of the agreement. This section also states that the contract is governed by the laws of the respective jurisdiction.2. Job Position and DescriptionThis section specifies the job title, position, and a detailed description of the employee's responsibilities. It also includes information about the nature of the work, such as full-time, part-time, or contract employment.3. Work Location and HoursThe work location, along with the working hours, should be clearly mentioned in the labor contract. This includes information about the employee's schedule, overtime policy, and any restrictions on working hours.4. Compensation and BenefitsThis section outlines the employee's salary, payment schedule, and any additional compensation, such as bonuses, commissions, or incentives. It also covers benefits, such as health insurance, retirement plans, and paid time off.5. Termination and NoticeThe labor contract should specify the conditions under which the employment relationship can be terminated by either party. This includesnotice periods, severance pay, and any legal obligations that arise upon termination.6. Confidentiality and Non-Compete ClauseTo protect the employer's interests, the contract may include a confidentiality clause that restricts the employee from disclosing sensitive information. Additionally, a non-compete clause may be included to prevent the employee from working for a competitor for a certain period after leaving the company.7. Intellectual PropertyThis section addresses the ownership of any intellectual property created during the course of employment. It may include provisions related to patent rights, copyrights, and trademarks.8. Dispute ResolutionThe labor contract should include a mechanism for resolving disputes between the employer and the employee. This may involve arbitration, mediation, or litigation, and the chosen method should be clearly defined.9. Miscellaneous ProvisionsThis section covers any additional terms and conditions that are not explicitly mentioned elsewhere in the contract. It may include information about the use of company property, attendance policies, and other workplace rules.10. SignaturesThe labor contract should be signed by both the employer and the employee, indicating their acceptance of the terms and conditions outlined in the document.In conclusion, a well-drafted labor contract is crucial for establishing a clear and fair employment relationship. It helps protect the interests of both parties and minimizes the potential for disputes. By including the essential elements mentioned above, employers and employees canensure that their rights and obligations are adequately addressed. It is advisable to consult with a legal professional when drafting or reviewing a labor contract to ensure compliance with local laws and regulations.。
英语合同范本词汇
英语合同范本词汇1. Agreement - 协议2. Contract - 合同3. Party - 当事人4. Parties - 当事人双方5. Recital - 序言6. Clause - 条款7. Article - 条款8. Section - 章节9. Schedule - 附件10. Annex - 附件11. Exhibit - 附件12. Signature - 签名13. Date - 日期14. Effective Date - 生效日期15. Term - 期限16. Duration - 持续时间17. Commencement Date - 开始日期18. Termination Date - 终止日期19. Covenant - 承诺20. Condition - 条件21. Obligation - 义务22. Liability - 责任23. Breach - 违约24. Remedy - 救济25. Dispute Resolution - 争议解决26. Arbitration - 仲裁27. Mediation - 调解28. Negotiation - 协商29. Jurisdiction - 管辖30. Governing Law - 适用法律31. Venue - 地点32. Capacity - 能力33. Authority - 授权34. Representation - 陈述35. Warrant - 保证36. Indemnification - 赔偿37. Insurance - 保险38. License - 许可39. Assignment - 转让40. Non-Transferable - 不可转让41. Confidentiality - 保密42. Non-Disclosure Agreement - 保密协议43. Intellectual Property - 知识产权44. Trademark - 商标45. Patent - 专利46. Copyright - 版权47. Royalties - 版税48. Payment Terms - 付款条款49. Payment Schedule - 付款时间表50. Interest - 利息51. Default - 违约52. Penalty - 罚款53. Force Majeure - 不可抗力54. Expiration - 到期55. Renewal - 续签56. Termination - 终止57. Notice - 通知58. Consent - 同意59. Waiver - 放弃60. Amendment - 修改61. Modification - 修改62. Extension - 延期63. Expiration - 到期64. Acceptance - 接受65. Rejection - 拒绝66. Counterpart - 副本67. Execution - 签署68. Incorporation - 包含69. Entire Agreement - 完整协议70. Integration Clause - 整合条款71. Survival Clause - 生存条款72. Successors and Assigns - 继承人和受让人73. Third Party Beneficiary - 第三方受益人74. Good Faith - 善意75. Best Efforts - 最大努力76. Material Breach - 重大违约77. Liquidated Damages - 约定损害赔偿78. Escrow - 托管79. Escrow Agent - 托管代理人80. Escrow Agreement - 托管协议81. Performance Bond - 履约保证82. Guarantee - 保证83. Release - 释放84. Release Agreement - 释放协议85. Non-Compete - 竞业禁止86. Non-Solicitation - 非招揽87. Non-Circumvention - 非规避88. Cap On Liability - 责任上限89. Minimum Commitment - 最低承诺90. Exclusivity - 排他性91. Confidential Information - 保密信息92. Trade Secret - 商业秘密93. Covenant Not To Sue - 不起诉承诺94. Third Party Rights - 第三方权利95. Escrow Release - 托管释放96. Escrow Dispute Resolution - 托管争议解决97. Escrow Instructions - 托管指示98. Escrow Agreement - 托管协议99. Escrow Fees - 托管费用100. Escrow Disbursement - 托管支付。
机械设备英文销售合同
Contract No.: [Contract Number]Date: [Date]Buyer: [Buyer's Name][Buyer's Address][Buyer's Contact Information]Seller: [Seller's Name][Seller's Address][Seller's Contact Information]This Sales Contract is made by and between the Buyer and the Seller on [Date], hereinafter collectively referred to as the "Parties" for the purpose of selling the following machinery and equipment:1. Description of Machinery and Equipment:- Item No. [Item Number]- Model: [Machinery and Equipment Model]- Quantity: [Number of Units]- Description: [Detailed Description of the Machinery and Equipment, including specifications, features, and any accessories included]2. Price and Payment Terms:- Unit Price: [Price per Unit]- Total Price: [Total Price for the Order]- Payment Terms: [Payment Schedule and Method, e.g., 30% advance payment upon signing this contract, the remaining 70% upon completion and satisfactory inspection of the goods]3. Delivery:- Delivery Date: [Specific Delivery Date or Time Frame]- Delivery Place: [Location of Delivery]- Shipment Terms: [Incoterms, e.g., FOB (Free On Board), CIF (Cost, Insurance, and Freight)]- Transportation: [Responsibility for Transportation Arrangements and Costs]4. Inspection and Acceptance:- Inspection Method: [Method of Inspection, e.g., Factory Inspection, Pre-Shipment Inspection]- Acceptance Criteria: [Standards for Acceptance, including quality, quantity, and any specific performance criteria]- Dispute Resolution: In case of any disputes arising from the inspection and acceptance, the Parties agree to negotiate in good faith. If the dispute cannot be resolved amicably, it shall be submitted to the arbitration of [Arbitration Institution] in accordance with its rules.5. Warranty:- Warranty Period: [Duration of Warranty]- Warranty Coverage: [Scope of Warranty, including parts, labor, and any specific conditions]- Warranty Exclusions: [Conditions under which the warranty does not apply]6. Intellectual Property Rights:- The Seller warrants that the Machinery and Equipment does not infringe any patent, trademark, copyright, or other intellectual property rights of any third party. The Seller shall indemnify the Buyer against any claims, demands, or liabilities arising out of any such infringement.7. Force Majeure:- Neither Party shall be liable for any failure or delay in the performance of its obligations under this Contract due to any causebeyond its reasonable control, including but not limited to acts of God, war, civil unrest, government action, labor disputes, or any other similar cause beyond the control of the Parties.8. Governing Law and Jurisdiction:- This Contract shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any dispute arising out of or in connection with this Contract shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction].9. Miscellaneous:- This Contract constitutes the entire agreement between the Parties and supersedes all prior agreements, negotiations, and understandings, whether written or oral, relating to the subject matter of this Contract.- Any amendment or modification of this Contract must be in writing and executed by both Parties.- The headings in this Contract are for convenience only and shall not affect the interpretation of any of its provisions.By executing this Contract, the Parties signify their agreement to be bound by its terms and conditions.Buyer's Signature: ___________________________Name: ___________________________Date: ___________________________Seller's Signature: ___________________________Name: ___________________________Date: ___________________________。
英语专利保密协议
This Confidentiality Agreement (the "Agreement") is entered into as of [Date] (the "Effective Date"), by and between [Full Legal Name of Party 1] (hereinafter referred to as "Party 1"), a [type of entity, e.g., corporation, partnership] organized and existing under the laws of [Jurisdiction], with a registered address at [Address], and [Full Legal Name of Party 2] (hereinafter referred to as "Party 2"), a [type of entity, e.g., corporation, partnership] organized and existing under the laws of [Jurisdiction], with a registered address at [Address] (collectively, the "Parties").RECITALSWHEREAS, Party 1 has developed a patent (the "Patent") related to [brief description of the Patent], which Party 1 desires to protect through confidentiality and non-disclosure agreements with third parties;WHEREAS, Party 2 has agreed to enter into this Agreement in consideration of the opportunity to review and discuss the Patent with Party 1;NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties agree as follows:1. Confidential InformationFor the purposes of this Agreement, "Confidential Information" shall mean all information, whether written, verbal, or electronic, which is disclosed to Party 2 by Party 1, or which Party 2 may obtain in connection with the review and discussion of the Patent, including but not limited to:- Technical, commercial, financial, operational, or other information of a proprietary nature;- Know-how, trade secrets, or any other confidential information of Party 1;- The content, substance, and terms of this Agreement;- The Patent, including any related designs, specifications, prototypes, data, reports, and any other materials or information related thereto.2. Obligations of Party 2- Party 2 shall maintain the confidentiality of the Confidential Information received from Party 1 and shall not use the Confidential Information for any purpose other than the review and discussion of the Patent as agreed upon by the Parties.- Party 2 shall not disclose the Confidential Information to any third party without the prior written consent of Party 1.- Party 2 shall protect the confidentiality of the Confidential Information to the same extent as it protects its own confidential information, and in no event shall Party 2 use less than reasonable care in protecting such Confidential Information.3. Exclusions from Confidential InformationThe obligations of confidentiality under this Agreement shall not apply to information which:- Was publicly known and made generally available in the public domain prior to the time of disclosure by Party 1 to Party 2;- Became publicly known and made generally available after disclosure by Party 1 to Party 2 through no action or inaction of Party 2;- Was in the possession of Party 2 at the time of disclosure by Party 1 as evidenced by documents in its possession prior to the Effective Date;- Was independently developed by Party 2 without use of or reference to any Confidential Information of Party 1; or- Was obtained by Party 2 from a third party without a breach of such third party's obligations of confidentiality.4. Return of Confidential InformationUpon the termination of this Agreement or upon the written request of Party 1, Party 2 shall return to Party 1 all copies of ConfidentialInformation in its possession or control, or certify, if requested by Party 1, the destruction of such Confidential Information.5. Term and TerminationThis Agreement shall remain in effect for a period of [duration, e.g., five years] from the Effective Date, unless terminated earlier by either Party in accordance with the following provisions:- Either Party may terminate this Agreement upon written notice to the other Party if the other Party breaches any material term or conditionof this Agreement and fails to cure such breach within a period of [duration, e.g., 30 days] after receipt of written notice of such breach.- This Agreement may be terminated by either Party upon written noticeto the other Party if the other Party becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to any bankruptcy or insolvency proceeding.6. Governing Law and Dispute ResolutionThis Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising out of or in connectionwith this Agreement shall be resolved through [means of dispute resolution, e.g., mediation, arbitration, litigation] in accordance with the laws of [Jurisdiction].7. Entire AgreementThis Agreement constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior agreements, negotiations, and understandings, whether written or oral, between the Parties.IN WITNESS WHEREOF, the Parties have executed this Confidentiality Agreement as of the Effective Date.[Signature of Party 1] ___________________________。
三人合作协议书英文版范本
三人合作协议书英文版范本THIS AGREEMENT is made this ______ day of ______, 20__, (the "Effective Date") by and between:1. _____________ (hereinafter referred to as "Party A"), a _____________ (specify the legal entity type), whose registered office is at _____________ (specify the address);2. _____________ (hereinafter referred to as "Party B"), a _____________ (specify the legal entity type), whose registered office is at _____________ (specify the address);3. _____________ (hereinafter referred to as "Party C"), a _____________ (specify the legal entity type), whose registered office is at _____________ (specify the address);(collectively referred to as the "Parties" and individually as a "Party").WHEREAS, the Parties intend to collaborate on a project (the "Project") as described in Schedule A attached hereto and made a part hereof (the "Project Description");NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:ARTICLE 1: DEFINITIONS1.1 "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a Party.1.2 "Confidential Information" means any information disclosed by one Party to the other Party during the term of this Agreement that is marked as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of its disclosure.1.3 "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereto, under the laws of any state, country, territory or other jurisdiction.ARTICLE 2: PURPOSE OF THE AGREEMENT2.1 The purpose of this Agreement is to establish the terms and conditions under which the Parties will collaborate on the Project.ARTICLE 3: CONTRIBUTIONS3.1 Each Party shall contribute to the Project as set forthin Schedule B attached hereto and made a part hereof (the "Contributions").3.2 The Parties acknowledge that the Contributions aresubject to change upon mutual agreement.ARTICLE 4: OWNERSHIP4.1 All Intellectual Property Rights developed or acquired by the Parties in the course of the Project shall be ownedjointly by the Parties.4.2 Each Party shall have the right to use the jointly owned Intellectual Property Rights for the purposes of the Project.ARTICLE 5: CONFIDENTIALITY5.1 Each Party shall treat all Confidential Information ofthe other Parties as confidential and shall not disclose such information to any third party without the prior written consent of the disclosing Party.5.2 The obligations of confidentiality under this Article 5 shall survive the termination or expiration of this Agreement.ARTICLE 6: TERM6.1 This Agreement shall commence on the Effective Date and shall continue until the completion of the Project, unless earlier terminated in accordance with Article7.ARTICLE 7: TERMINATION7.1 This Agreement may be terminated by any Party uponwritten notice to the other Parties in the event of a material breach by any Party that is not cured within thirty (30) days after written notice thereof.7.2 Upon termination of this Agreement, each Party shall cease all use of the other Parties' Confidential Information.ARTICLE 8: DISPUTE RESOLUTION8.1 Any dispute arising out of or in connection with this Agreement shall be resolved by negotiation between the Parties.8.2 If the dispute cannot be resolved by negotiation, itshall be submitted to arbitration in accordance with the rules of the _____________ (specify the arbitration institution), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.ARTICLE 9: ENTIRE AGREEMENT9.1 This Agreement, including any Schedules and Exhibits attached hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and negotiations, whether written or oral.ARTICLE 10: AMENDMENTS10.1 This Agreement may be amended only by a written instrument executed by all Parties.ARTICLE 11: ASSIGNMENT11.1 This Agreement shall not be assignable by any Party without the prior written consent of the other Parties.ARTICLE 12: SEVERABILITY12.1 If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.ARTICLE 13:。
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仿制药中的专利纠纷解决方案
Wenping Chen 陈文平
November 18, 2011
Rule of Game 游戏规则
Well developed patent protection system
成熟的专利保护制度
Dispute Resolution
争议解决
Negotiation 友好协商 Litigation 诉讼途径
Declaratory judgment suit by generic company; 仿制药公司提起确认不侵权之诉 • Action under Drug Adminstrative Law by the patentee; 专利权人提起药品行政管理法下的诉讼
Freedom-to-operate
排除专利侵权风险
Expiry of compound patent does not necessarily mean freedom-tooperate 化合物专利过期并不当然意味着不再有侵权风险 Pharmaceutical FTO requires systematic patent search and analysis on each factors such as API, formulation, manufacture process etc. 排除侵权风险需要就药品的活性成分、配方、制造方法等各个环节进行 系统的专利检索、分析 FTO search and analysis require professional skill 专利侵权风险的检索和分析需要专业的知识和技能
Well developed awareness of patent protection
成熟的专利保护意识
Market rules
公平的市场规则
药品专利保护的形式
Patent Protection of Pharmaceuticals
Compounds, mAbs 化合物，单抗 Pharmaceutical composition 药物组合物 Medical use 制药用途：适应症 Formulation 制剂 Method of manufacture 制造方法 Secondary inventions such as salts, crystal forms etc. 衍生发明，例如盐、晶型等
Design Around 规避设计
Keep from the patent protection scope 跳出专利保护范围 Lack of a claim feature 缺少权利要求的技术特征 Change a claim feature 改变权利要求的技术特征
Validity Challenges 挑战专利的有效性
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Non-infringement Declaration
不侵权确认之诉
Shanghai Pharma vs. Sunstone (2010)
Could a declaratory action be accepted in the approval stage considering the Bolar exception in Patent Law? YES 2010年石家庄中院案例：新专利法下在药品审批阶段仍然可以提起专利不 侵权确认之诉
Patent Infringement Analysis
专利侵权分析
Claim construction and doctrine of estoppel; 权利要求的解释和禁止反悔原则 Full coverage of claim features; 侵权判定的全面覆盖原则 Literal infringement 文字侵权 Infringement under doctrine of equivalents 等同侵权
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与现有技术中单一技术方案相同或无实质性差别，则直认定 不侵权
Patent Dispute During Drug Approval
药品注册过程中的专利纠纷
Patent disclosure requirement under Drug Registration Regulation 药品注册管理办法要求披露专利信息 A non-infringement statement based on professional opinion 专利不侵权的保证应该基于专业的检索分析意见 Otherwise, there is significant legal risk 否则存在显著的法律风险 Government agency is advised to more rely on professional legal opinions 建议政府机构更多依赖专业的法律意见
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THANK YOU.
Wenping Chen
chenwenping@
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ICU Medical vs. Hainan Baihe Medical (2010): non-infringement because 14 examples all relate to a functionally defined seal with passage therein in the patent while the seal in defendant’s product is solid. 北京二中院2010年案例
Interpretation of Functional Features
功能性特征的解释
In Courts, a functional limitation is construed as covering specific embodiments as described in the specification and equivalents thereof 法院对功能性限定的解释限于说明书中的具体实施方式和其等同方式
Patent invalidation procedure and subsequent administrative action
专利无效程序以及随后的行政诉讼
Prior Art Defense 现有技术抗辩
Art. 14 of Judicial Interpretation 最高人民法院关于专利纠纷司法解释第14条
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Where all technical features accused of falling into the scope of a patent right are identical to or have no substantive difference relative to corresponding technical features in a single technical solution of the prior art.
专利侵权分析
Patent Infringement Analysis
Rules on infringement under DOC 等同侵权的判断标准 substantially the same means 基本相同的手段; substantially the same function 基本相同的功能； substantially the same effect 基本相同的效果； obvious to one skilled in the art 两特征的替换显而易见。