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Litigation / Foreign Patent Litigation / Far East Patent Litigation in the Far East The countries of East Asia comprise Japan, Korea and the two Chinas. It is a group that has been influenced over the years by the teachings of Confucius foccusing on conciliation between adversaries and deference to authority and the predominant Western influence, at least in matters relating to the law has been German. These influences have led to a culture in which litigation has traditionally been thought of as a last resort and a strong feeling that once the state has awarded a right, a challenge to that right has to be dealt with carefully and cannot be left to uncertainties of ordinary litigation. Hence in all of these countries invalidity of a patent is not in itself normally a defense to an infringement action until there has been a ruling to that effect by the Patent Office. Patent Litigation in China |
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