On 29 October 2024, the 'Shanghai New Energy Enterprises Training Session: Decoding U.S. Section 301 Tariffs and Intellectual Property Strategies' took place in the Shanghai Hongqiao International Central Business District. The event was attended by representatives from new energy companies and intermediary service agencies. Esq. Xun Yang from Llinks Law Offices presented a thematic discussion on 'Intellectual Property Disputes and Counter-measures for the New Energy Sector's International Expansion'.
Esq. Xun Yang began by outlining the technological advancements and intellectual property traits within the new energy sector, pointing out the challenges that Chinese new energy companies face when it comes to intellectual property abroad. He then delved into case studies of typical patent litigation between Chinese and American companies in the area of new energy, illustrating the distinct features of patent litigation in the U.S. compared to China, such as preliminary injunctions, the Discovery process, Summary Judgment, and unique aspects of U.S. patent law like the first-inventor-to-file principle and joint patent ownership.
Then, Esq. Yang also discussed recent U.S. Section 337 investigations, explaining the procedures and defenses involved, particularly the 'Lack of Domestic Industry' defense and public interest arguments that set it apart from general patent litigation.
In conclusion, Esq. Yang summarised strategies for preventing and dealing with international intellectual property disputes. His presentation was well-received by the participants. As Chinese companies increasingly venture into global markets, properly deploying intellectual property strategies and addressing related disputes have become essential conversations.
