How to do foreign trade, receive the letter? Suggestion: as far as possible to avoid litigation

A,On the America jury system: patent cases, the majority of people can decide the jury

   To American litigation, we must first understand the American patent system. America the jury system, many patent case is no exception. The jury's role is to hear evidence, facts, and legal interpretation based on the judge made a jury. The jury criminal cases must make similar decisions, but in civil cases such as the patent infringement case, by majority decision. The jury's role, plays a very important role in certain cases. American famous cases of the case of Simpson, 16 years ago, America most famous black football star Simpson has been charged with the murder of his ex-wife and her boyfriend, was taken to court. The prosecution evidence 723, blood mountain; the defense with 392 pieces of evidence disproving "insufficient evidence", both sides debate lasted 460 days. In October 3, 1995, the double murder the jury acquitted, Simpson, USA history the most famous murder trial ended. The reporter interviewed more than 1000 people, USA news media to Simpson trial called "trial of the century". At that time, involved in a police investigation bureau, no pronounced Simpson as the suspect, he has been to one of the most famous USA lawyer Shapiro dozen telephone, hired him as his lawyer, and immediately set up full of the "dream of lawyers". This is an American lawyer, in anticipation of possible trouble, made almost conditioned reflex reaction. This is America characteristics. "USA after long years of rule by law", the concept of the rule of law has win support among the people, established a complete legal system, "variety" is very complete, the constitution, the laws and regulations of professional all the details of life, everything. Countries with federal law, state law, county county law. On the one hand, a person in any trouble American encountered, can be in a law or is solved several legal provisions; on the other hand, a man without a lawyer's help, already could not clear joints all these laws. The society huge team of lawyers would emerge as the times require. In the jury, "dream lawyers" by the sex ratio and the members of the jury for the majority of blacks, the 12 member jury played a certain role for the Simpson verdict of not guilty. So, the importance of the jury in the trial of the case America process in.

   In American, civil cases are 6 -- 12 jurors and several alternate juror, jury due to disease in the,Prejudice is from making decisions, replaced by alternate jurors.

   Bias the jury have America outside? In practice, the Usa Inc to the Foreign Company's patent litigation, trial by jury Usa Inc success rate was 64%, and the judge of the win rate of 44% Usa Inc. Some complex and difficult cases may incur due to bias affects the decisions made by the local bias degree, some jurisdictions may be higher than the other. In addition, the patentee in jury cases accounted for 63%, the jury awarded damages than the judge awarded damages slightly higher.

Two,About unfair trade "337 investigation": the beginning of 2006, at least half relates to China.

   According to the America law, "article 337" is the adjustment of unfair trade general unfair competition and intellectual property. It refers to: in the owner of the goods, the consignee or importer, other agents will be the import of the goods USA or in American sales, using unfair methods of competition and unfair behavior, the effect of threat or to destroy or substantial damage to domestic industry American, or prevent such industrial establishment, or limit, the America trade monopoly and business; or the importation of goods America, or imported American sales, or import USA after sales, and the goods infringe the America registered effective and enforceable patent right, trademark right, copyright or integrated circuit layout design exclusive rights, and rights of the four field already exists or is in the establishment of.

   337 cases by the America ITC International Trade Commission lawyer participating in litigation and represent the interests of the public, by ITC full-time judge preliminary investigation, by the ITC trial committee for internal examination and decision ITC final results, can be appealed to the Federal Circuit Court review, but no jury intervention.

   According to statistics, 2000 -- 2008, according to the survey of Asian products accounted for 3/4, the Japanese products accounted for 1/4. The survey trend display, on China products began to exceed the Japanese products. From the beginning of 2006, at least half of the cases involving China. Chinese suppliers note.

Three,How to deal with the patentee's lawyer letter? -- talk slowly, try not to "provoke" the others.

   As the product may be involved in the infringement of intellectual property rights of enterprises, often received foreign patented technology attorney. How to reduce legal risks of personal and company, avoid the lawsuit and received injunction and compensation. America patent lawyers, as far as possible to avoid litigation.

   "The lawyer's letter is a means of patent license negotiations started, it can let the other party cannot deny its know the existence of patents, so as to meet a requirement to prove the existence of malicious tort." The lawyer's letter will sue for tort, but now lawyers letters content becomes more subtle, for example some patents may be the letter will be interested in, to avoid the use of action words.

   Receipt of such notice, the enterprise can choose a variety of coping strategies. For example: "a delaying tactic" talk, but should pay attention to in the drag and avoid "provoke" the others, lead to litigation. China enterprises do not use the Chinese corporate lawyer letter attitude to treat such attorney. Received your letter, can also according to the actual situation, the counterclaim other violations of their patent, or validity of the proposed review of patent.

Four,To apply for a patent may be exposure to lead and new formula, can choose the business secret protection.

   Some time ago, Yunnan Baiyao at home and abroad by different ways, caused netizens debate. Trade secret protection of famous product, everybody is not strange -- Coca-Cola.

   Is to apply for a patent or trade secret protection, this is the dilemma facing the global enterprises often choose.

   As the core technology is the choice of patent protection or the protection of commercial secrets, to make a choice. General professional lawyers will make suggestions according to different technology types. There is strong evidence in America means, the plaintiff can obtain a lot of evidence. If you can USA prosecution, and core technology easy to use evidence shows that, to apply for a patent protection. But if some server port, can not prevent him to steal the core technology or difficult to prove the other violations, suggest that choice to protect commercial secrets. In practice, and can be involved in the core technology of employees to sign a series of careful relates to the employment contract of commercial secrets.

Five,Product patent technology is not authorized in the North American market, but has been licensed in Europe, some countries in asia. The product processing Europe, Asia these producers, and then sold to the North American market, if faced with the Usa Inc sued.

   Usa Inc if send lawyer letter may have to be negotiated intention, if received in the lawyer's letter, by lawyers and three party with each other actively consultations, there may be other consequences, or received in the lawyer's letter before the active contact with each other, then take the enterprise in the Chinese domestic patent, or other patent USA as negotiations the chip, do patent cross licensing and each other, to break the stalemate, the initiative is not will be one of the worst results.

Six,If the use of technology in the production of a tire after American "337 investigation", received no orders, such tyres are not to enter the America market, whether that means using the tire of the motorcycle, cars can not enter the USA market?

   The problem in the USA through legal consensus has been reached. As in the intellectual property litigation "accounted for the upper hand" the prosecution, if they only mentioned the tire in the prosecution, not to prosecute the tire of motorcycle, automobile manufacturers, so in the tire products after the investigation received any order, motorcycle, car using the tire can also be entered. But if the applicant in the prosecution, motorcycle, automobile manufacturers will be included in the "337 investigation", once the ban took effect, the relevant vehicle manufacturers also can not enter the USA market.

Seven,To apply for a patent, South Korea and USA have what difference, how much money?

   First of all, enterprises should understand the Korean "rules of the game", a variety of technical and legal such as market analysis, competitor analysis, in South Korea patent retrieval and patent and trademark monitoring, patent application before the application necessity evaluation etc..