On May 23, 2023, the "Overseas Intellectual Property Dispute Management" series of seminars, organized by the National Center for Overseas Intellectual Property Dispute Management and co-hosted by the Shanghai Intellectual Property Protection Center and the Shanghai branch of the National Center for Overseas Intellectual Property Dispute Management, was successfully held in Shanghai. The series aims to help enterprises and other innovative entities improve their awareness of intellectual property dispute prevention and control, enhance their dispute handling capabilities, and further promote the level of intellectual property protection. The seminar combined both online and offline participation and invited Jerry Xia, an attorney at GEN Law Firm, to give a keynote presentation.

Jerry Xia, from GEN Law Firm, delivered a keynote presentation on “Patent Litigation in China - Best Practices". At the beginning, Attorney Xia introduced the development trend of patent protection. With the continuous improvement of China's patent protection system, the number of patent infringement litigation cases and the amount of compensation have been increasing year by year. Consequently, patent protection strategies are becoming increasingly important. Attorney Xia then provided an overview of patent protection strategies, emphasizing that rights holders need to be well-prepared before initiating litigation, including evidence collection, setting litigation goals, and devising strategies. For different litigation purposes, a comprehensive consideration of various factors, such as patent stability, is necessary to make appropriate choices in terms of rights protection channels, patents, courts, defendants, and infringing products. Next, Attorney Xia shared key issues in patent litigation based on his legal practice experience. First, as one of the critical points in patent litigation, evidence collection should be given special attention under the current rules of burden of proof, including rules and cases related to evidence traps and obstruction of evidence. Second, behavior preservation is also an essential link. Third, the rules for damage compensation and the application of punitive compensation must also be considered. Finally, Attorney Xia emphasized that patent protection not only requires precise strategies and full preparation but also a deep understanding and grasp of legal rules.