united-states european-union patents china
What protections does Europe provide for US patents (that China doesn&#39;t)?
<p>According to a NYtimes <a href="https://www.nytimes.com/2019/05/16/world/asia/trade-xi-jinping-trump-china-united-states.html" rel="nofollow noreferrer">article</a> yesterday
<em>Xi Jinping had promised that China would protect intellectual property</em>, then he reneged before the trade talks faltered.</p>

<p>I am trying to understand the context of IP protection in China.</p>

<p>Consider the following scenario. A US company <em>today</em> owns an (invention, not design) patent on the ideas in a product. The company markets and sells this product worldwide—Europe and China included. The company does <strong>not</strong> own a parallel patent in either the European Union or China.</p>

<p>What is the difference between Europe and China? In particular: </p>

<ul>
<li><p>What stops a <strong>European</strong> company from selling a product <strong>in Europe</strong> infringing on a US patent?</p></li>
<li><p>Is this any different in China at present? What stops a <strong>Chinese</strong> company from selling a product in <strong>China</strong> infringing on a US patent?</p></li>
</ul>

<blockquote>
  <p>Foreign firms have long complained that enforcing their intellectual
  property rights in China is difficult due to local judicial
  protectionism, challenges in obtaining evidence, small damage awards,
  and a perceived bias against foreign firms. . . . </p>
  
  <p>Local Judicial Protectionism</p>
  
  <p>One major complaint levied against China’s IPR regime is that cases
  brought to an intermediate court (at the municipal level) will suffer
  from local judicial protectionism. Long and Wang found in their 2015
  study that in IP cases between Chinese firms, plaintiffs litigating in
  their hometown are significantly more likely to win. . . .</p>
  
  <p>Challenges in Obtaining Evidence</p>
  
  <p>In order to effectively litigate intellectual property cases, IP
  holders need evidence. In the United States, parties usually obtain
  information through the pre-trial procedure of discovery, which
  includes interrogatories and depositions, as well as requests for
  admissions and access to documents, real property, or other relevant
  items for review or testing. In China, on the other hand, no formal
  process of discovery exists, and there is no requirement that IP
  infringers provide evidence, such as sales or accounting documents,
  that could be used to show infringement. In fact, the burden to
  provide evidence is on the plaintiff. Many companies have claimed that
  this makes it impossible to conduct fair IP litigation in China. . . .</p>
  
  <p>Small Damage Awards</p>
  
  <p>. . . .  Many businesses have complained that pursuing intellectual
  property cases in Chinese courts is not worthwhile because the damages
  awarded are too small. Some estimates indicate that patent holders
  currently receive around 36 percent of the damages they seek in
  litigation, with damage awards averaging around just 80,000 RMB
  ($12,400) and legal fees between 10,000 RMB and 30,000 RMB ($1,550 to
  $4,650). . . . </p>
  
  <p>Bias Against Foreign Firms</p>
  
  <p>Finally, a string of high-profile losses to relatively unknown Chinese
  companies in patent infringement cases by companies like Apple,
  Samsung, Sony, and Dell have convinced many observers that it is
  impossible for foreign firms to get a fair shake in China’s courts. .
  . .</p>
</blockquote>

<p>The material quoted above, from <a href="https://thediplomat.com/2018/01/chinas-progress-on-intellectual-property-rights-yes-really/" rel="nofollow noreferrer">this source</a>, described the historical complaints about Chinese patent law, and then goes on to suggest that many of these concerns have lessened due to legal and policy changes in the last few years.</p>

<p>Generally speaking, in Europe, the patent enforcement process is similar to that in the U.S. </p>

<p>You might also consider asking this question again in the Patents.SE forum for more specialized insight.</p>

<p>Patents are territorial - A U.S. patent allows you to try to stop infringers who make, sell, offer for sale, use (all in the U.S.) or import into the U.S.  For example, a Chinese or German or Argentine located company can make it and sell it world-wide, except in the U.S. no problem at all. Other patent laws around the world are similar. For a Chinese patent stop someone, they must be infringing in China, etc. </p>

<p>No country "makes provisions" for other country's issued patents. If you want protection in a place, get a patent issued there. There are international agreements providing that each country treats residents of other countries the same as their own residents and they cross recognize each other's applications for priority under the Paris convention. There is further cooperation in applying for patents via the Patent Cooperation Treaty.</p>

<p>The penalties for infringement vary and the difficulty in proving a case may vary. In China the penalties for infringing are very low by U.S. standards and it is almost impossible to get "discovery" where one can get both evidence of infringement and data on ill-gotten profits for purposes of calculating damages. It is actually easier (for a U.S. applicant or really anyone) a get patent in China than in Europe. The EPO searchers and examiners are very thorough and very picky. But it is easier to get serious damages for infringement in Europe than in China.</p>
