Patent Dispute Resolution Relating to Generics仿制药中的专利纠纷解决方案--陈文平2011.11.18
常见英语法律词汇汇总
常见英语法律词汇汇总英语法律词汇的掌握对于专业律师、法律翻译和涉及法律领域的相关行业从业人员来说是非常重要的。
下面将详细介绍一些常见的英语法律词汇，以便大家更好地理解和运用。
1. Law - 法律Law refers to a system of rules and regulations that are created and enforced by a particular country or community.2. Legal - 法律的Legal pertains to anything related to the law or its requirements.3. Legislation - 立法Legislation refers to the process of creating new laws or modifying existing laws.4. Statute - 法规A statute is a written law that has been formally passed by a legislative body.5. Regulation - 规定A regulation is a rule or directive that is issued by an executive branch of government in order to implement a law.6. Act - 法案An act is a formal written record of a decision made by a legislative body. Acts can be used to create new laws or modify existing ones.7. Legal system - 法律体系A legal system is a framework of rules, institutions, and procedures within which disputes are resolved and laws are made and enforced.8. Court - 法院A court is a governmental body with authority to resolve legal disputes.Courts apply the law to make decisions and judgments.9. Judge - 法官A judge is a public official who presides over court proceedings and makes decisions based on the law.10. Jury - 陪审团A jury is a group of citizens who are chosen to hear evidence and decide the outcome of a trial.11. Defendant - 被告A defendant is a person or entity that is accused of committing a crime or is being sued in a civil case.12. Plaintiff - 原告A plaintiff is a person or entity that brings a lawsuit against another party in a civil case.13. Prosecutor - 检察官A prosecutor is a lawyer who represents the government in criminal cases and is responsible for presenting the case against the defendant.14. Attorney - 律师An attorney is a person who is qualified and licensed to practice law, and is responsible for providing legal advice and representation to clients.15. Evidence - 证据Evidence is any information or material that is presented in court to prove or disprove a fact or issue in a case.16. Testimony - 证词Testimony is the oral or written statement given by a witness under oath in a court proceeding.17. Contract - 合同A contract is a legally binding agreement between two or more parties that creates rights and obligations.18. Tort - 侵权行为A tort is a civil wrong that causes harm or loss to another person, and can result in a legal liability.19. Liability - 责任Liability refers to legal responsibility for one's actions or omissions that cause harm to others.20. Damages - 损害赔偿Damages are monetary compensation awarded by a court to a party who hassuffered harm or loss as a result of another's actions.21. Intellectual property - 知识产权Intellectual property refers to creations of the mind such as inventions, literary and artistic works, symbols, names, and designs that are protected by law.22. Copyright - 版权Copyright is a legal protection that gives the creator of an original work the exclusive right to reproduce, distribute, and display the work.23. Trademark - 商标A trademark is a distinctive sign or symbol that is used to identify and distinguish goods or services of one party from those of others.24. Patent - 专利A patent is a government grant that gives inventors the exclusive right to make, use, and sell their inventions for a limited period of time.25. Constitutional law - 宪法法律Constitutional law refers to the body of law that deals with theinterpretation and application of a country's constitution.26. Civil law - 民法Civil law refers to the body of law that governs private disputes between individuals or organizations.27. Criminal law - 刑法Criminal law refers to the body of law that deals with crimes and the punishment of those who commit them.28. International law - 国际法International law refers to the body of rules and principles that govern the relations between states and international organizations.29. Human rights - 人权Human rights are fundamental rights and freedoms that every individual is entitled to, regardless of their nationality, race, gender, or other characteristics.30. Constitutional rights - 宪法权利Constitutional rights are the rights and freedoms guaranteed to individuals by a country's constitution, which serve as the foundation for the legal protection of citizens.31. Due process - 正当程序Due process refers to the fair and impartial treatment of individuals within the legal system, ensuring that their rights are protected and upheld throughout legal proceedings.32. Legal precedent - 法律先例Legal precedent refers to a previously decided case that serves as a guiding principle or authority in subsequent similar cases, providing a basis forlegal interpretation and decision-making.33. Rule of law - 法治The rule of law is the principle that all individuals, including government officials, are subject to and equal before the law, ensuring accountability, fairness, and justice in society.34. Judicial review - 司法审查Judicial review is the power of a court to review and evaluate the constitutionality and legality of laws, regulations, and governmental actions.35. Legal counsel - 法律顾问Legal counsel refers to the advice and representation provided by a lawyer or legal professional to individuals, businesses, or organizations in legal matters.36. Legal ethics - 法律道德Legal ethics are the professional standards and principles that govern the conduct and behavior of lawyers, ensuring integrity, confidentiality, and loyalty to clients.37. Mediation - 调解Mediation is a form of alternative dispute resolution in which a neutral third party facilitates communication and negotiation between conflicting parties to help them reach a mutually acceptable agreement.38. Arbitration - 仲裁Arbitration is a method of resolving disputes outside of court, where aneutral third party, called an arbitrator, reviews the evidence and makes a binding decision.39. Legal research - 法律研究Legal research involves the systematic investigation and analysis of legal principles, statutes, regulations, and cases to support legal arguments and provide accurate legal advice.40. Legal writing - 法律写作Legal writing refers to the clear and concise communication of legal information, including legal opinions, contracts, briefs, and other legal documents, in a manner that is easily understood by the intended audience.41. Legal interpretation - 法律解释Legal interpretation is the process of analyzing and understanding the meaning and intention behind laws, statutes, and legal texts, in order to apply them accurately to specific cases or situations.42. Legal advocacy - 法律倡导Legal advocacy involves representing and defending the interests, rights, and positions of clients in legal proceedings, using persuasive arguments and evidence to support their case.43. Legal education - 法律教育Legal education encompasses the academic study and professional training of individuals aspiring to become lawyers or legal professionals, providing them with the necessary knowledge and skills to practice law.44. Legal system reform - 法律体系改革Legal system reform refers to efforts to improve and update a country's legal system, including its laws, institutions, and procedures, in order to enhance access to justice, efficiency, and fairness.45. Intellectual Property Rights - 知识产权Intellectual Property Rights (IPR) refer to the legal rights granted to individuals or organizations for their creative and innovative works, such as inventions, literary and artistic works, trademarks, and designs. These rights enable creators and innovators to have exclusive control over their creations and prevent others from unauthorized use or exploitation.46. Trade Secret - 商业秘密A trade secret is confidential business information that provides a competitive advantage to its owner. It can include formulas, processes, customer lists, and other valuable information that is not generally known or easily discoverable. Trade secrets are protected by law, and unauthorized acquisition, use, or disclosure of trade secrets can result in legal action.47. Infringement - 侵权Infringement refers to the unauthorized or unlawful use, reproduction, distribution, or display of copyrighted works, trademarks, or otherintellectual property without the permission of the rights holder. Infringement can result in legal consequences, including injunctions, damages, and penalties.48. Fair Use - 合理使用Fair use is a legal doctrine that allows limited use of copyrighted works without the permission of the rights holder, for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. The determination of fair use depends on several factors, including the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality used, and the effect on the potential market for the work.49. Legal Aid - 法律援助Legal aid refers to the provision of free or low-cost legal services to individuals who cannot afford to pay for legal representation. It ensures access to justice for marginalized and disadvantaged individuals and helps balance the scales of justice by providing equal opportunities for legal protection and representation.50. Pro Bono - 免费法律服务Pro bono refers to the provision of legal services voluntarily and without charge by lawyers or law firms to individuals or organizations in need. Pro bono work aims to promote equal access to justice and assist those who cannot afford legal representation.51. Legal Clinic - 法律诊所A legal clinic is a facility or program that provides legal assistance and advice to individuals, usually under the supervision of licensed attorneys or law professors. Legal clinics often serve as training grounds for law students to gain practical experience while offering free or low-cost legal services to underserved communities.52. Confidentiality - 保密Confidentiality is the ethical and legal duty to keep information shared by clients or obtained during the course of legal representation confidential. Lawyers are obligated to protect the privacy and confidentiality of their clients and can face disciplinary action if they disclose privileged or confidential information without authorization.53. Conflict of Interest - 利益冲突A conflict of interest arises when a person, such as a lawyer, has competing personal, professional, or financial interests that could compromise their objectivity, judgment, or loyalty to their client. Lawyers must avoidconflicts of interest and, if they arise, disclose them to the client and take appropriate measures to address them.54. Legal Precedent - 法律先例Legal precedent, also known as case law, refers to the past decisions of higher courts that establish binding legal principles and interpretation of the law. Lower courts are generally bound to follow the precedent set by higher courts unless there are compelling reasons to depart from it.55. Legal System Hierarchy - 法律体系层级Legal systems often have a hierarchical structure, with different levels of courts and judicial authorities. Generally, the hierarchy starts with trial courts or district courts at the lowest level, followed by appellate courts or high courts, and ultimately the highest court, such as a supreme court or constitutional court, which has the final authority to interpret and apply the law.56. Legal Dispute Resolution - 法律纠纷解决Legal dispute resolution refers to the methods and processes used to resolve conflicts and disputes between parties, including negotiation, mediation, arbitration, and litigation. Different dispute resolution mechanisms offer varying degrees of formality, cost, flexibility, and finality, allowingparties to choose the most suitable approach for their specific circumstances.57. Legal Liability - 法律责任Legal liability is the legal responsibility or obligation to compensate someone for harm or loss resulting from one's actions or omissions. It can arise from various areas of law, such as tort law, contract law, or criminallaw, and may involve civil or criminal liability depending on the nature of the offense.58. Legal Reform - 法律改革Legal reform refers to deliberate and systematic changes made to improve and update the legal system and its processes. Legal reform aims to address shortcomings, enhance access to justice, promote fairness and efficiency, and adapt the law to social, economic, and technological developments in order to better serve the needs of society.59. Legal Compliance - 法律合规Legal compliance refers to the adherence and conformity to applicable laws, regulations, and legal requirements. Individuals, businesses, and organizations must ensure that their activities and operations comply with the law to avoid legal penalties, reputational damage, and other adverse consequences.60. Legal Due Diligence - 法律尽职调查Legal due diligence involves the careful examination, investigation, and assessment of legal risks and obligations associated with a particular transaction, investment, or business activity. Legal due diligence aims to identify and mitigate potential legal issues, liabilities, or regulatory compliance problems that could impact the outcome or viability of the transaction or activity.以上是一些常见的英语法律词汇汇总，这些词汇的掌握对于从事法律领域工作的人员来说非常重要。
法律英语重要词组
法律英语词组（—）1.bar exam 司法考试，律师执业考试2.hold bachelor’s degrees in the humanities and social sciences 在人类学和社会科学持学士学位3.autonomous entity 自治体，自治系统4.faculty of law, law school 法学院monwealth countries 共和国，联邦6.Juris Doctor or Doctor of Jurisprudence (J.D.) 法律专业博士7.attorney at law 律师，法律上的代理人practicing lawyer 执业律师，开业律师8.sit for a bar exam 参加司法考试，参加学位考试9.diploma privilege 学位特权10.Legum Doctor (LL.D.) [美]法学荣誉博士11.judical clerkship 法院书记员职位12.legal education 法学教育13.vocational courses 职业课程14.bachelor’s degree 学士学位parative Law 比较法16.Master of Laws (LL.M.) / Master of Jurisprudence (M.J.) 法学硕士17.call to the bar 取得律师资格18.LSAT法学院入学考试The Law School Admission Test19.MCAT医学院入学考试The Medical College Admission Test20.article 律师事务所实习（二）21.autonomous political 政治自治体22.codified constitution 成文宪法uncodified constitution 不成文宪法23.constitutional courts 宪法法院24.statutory law 成文法25.a simple majority 简单多数26.civil rights 民权，公民权利27.national legislature 国家立法机构28.supreme law 最高法29.constitutional amendments 宪法修正案30.a national referendum 全民公决31.the division of sovereignty 权力配置32.parliamentary sovereignty 议会（制）主权33.separation of powers 分权，权力分离34.canon law 教会法规35.supremany clause (宪法至上条款)，至上性条款36.federal constitution 联邦法院37.bicameral Congress两院制国会38.Supreme Court 最高法院39.the first ten amendments being known as the Bill of Rights美国宪法修正案前10条为“权力法案”40.Article of Confederation and Perpetual Union 美利坚邦联条例41.James Madison——The Father of the Constitution 美国宪法之父42.powerful bicameral legislature with House and Senate 强有力的参议院和众议院（house）的两院立法43.life-terms of service服务终身制，Benjamin Franklin本杰明·富兰克林44.due process clause 正当程序条款45.Magna Carta 自由大宪章46.Constitutional Convention in Philadelphia 费城会议（三）47.civil procedure 民事程序，民事诉讼程序48.American Bar Association 美国律师协会49.service of process 送达50.attorney general 首席检察官，司法部长51.statements of case 案情陈述书52.inherent jurisdiction 固有管辖权53.alternative dispute resolution 非诉讼纠纷解决机制54.criminal procedure 刑事诉讼程序55.state supreme court 州最高法院56.state court system 州法院体制57.High Court of Justice [英]最高法院58.legal costs 法律成本59.beyond reasonable doubt 合理疑点（四）60.due process of law 正当法律程序61.legal proceedings 法律程序62.natural justice 自然正义，实体正义63.procedural justice 程序正义64.concurring opinion 配合意见65.legal persons 法人66.unenumerated rights 未列举的权力67.due process clause 正当程序条款68.corporate personhood 社团法人69.substantive due process 实体性正当程序70.procedural due process 程序性正当程序71.federal government 联邦政府72.U.S. Constitution 美国宪法73.Edward Coke 爱德华·柯克（自然，程序，正义）对普通法影响74.legal authority 法律权威75.freedom of the press 新闻自由76.liberty of conscience 良心自由77.Queen’s Bench 王室法庭78.House of Commons 英国（下议院），平民院（五）79.criminal punishment 刑事惩罚ernment supervision 政府监控81.criminal codes 刑法典82.civil infractions 民事侵害权→8983.criminal consequences 刑事后果84.The Law of the Twelve Tables 十二铜表法85.physical or corporal punishment 肉刑，体罚86.house arrest 监视居住，（本宅）软禁87. retribution（惩罚，报应）, deterrence（威慑，制止）, incapacitation（剥夺）, rehabilitation （改造，矫正）, restitution（补偿，赔偿）88.utilitarianism 功利主义，实利主义89.civil infraction 民事侵害90.criminal sanctions 刑事处分，刑事制裁91.capital punishment 死刑92.parole 假释93.probation 缓刑94.cross examination 交叉询问95.Babylonian law 巴比伦法96.Code of Ur-Nammu 《乌尔拉姆法典》97.Code of Hammurabi 《汉漠拉比法典》98.felony [律]重罪99.prosecuting attorney 检察官100.Court of Appeal 上诉法院（六）101.contractual duties 合同责任，契约责任102.tortious conduct 侵权行为103.intentional tort 故意侵权104.duty of care 注意义务105.strict liability 严格责任106.real property 不动产（交付）尤其指房地产107.movable property 动产（登记）108.breach of fiduciary duty 违背信托责任109.false imprisonment 非法监禁110.no-fault party 无过错方no-fault [美]（汽车保险）不追究过失责任均予赔偿的，[律]无责任的111.tort liability 侵权责任112.punitive damage 惩罚性损害赔偿113.criminal detention 刑事拘留114.property rights 财产权115.analogy in criminal law 刑事类推116.product liability 产品责任117.abuse of process 滥用诉讼程序或权利118.malicious prosecution 恶意控告（七）119.breach of contract 违约120.civil law systems 民法法系121.capacity 行为能力，formalities 形式要件122.legally binding offer 有法律效力的要约123.unilateral contract 单方合同，单边合同124.unjust enrichment 不当得利125.statute of frauds 禁止欺诈法，防止欺诈法126.inviation to treat 邀请投标人作交易127.collateral contract 附属合同128.Justice Denning 丹宁法官129.equitable doctrine 衡平法则130.applicable law of contract 合同准据法131.oral contract 口头合同132.verbal contract 口头契约133.implied in fact 事实上的默示（八）134.transfer of property 财产转让135.contractual rights 契约权利，合同权利136.proprietary right /ownership right所有权137.personal property 个人财产动产138.personal rights 人身财产139.contributory negligence 共同过失nd tenure 土地租佃制度141.right of publicity 公开权142.bill of review 上诉状Black’s Law Dictionary 《布莱克法律词典》143.real estate 不动产（尤指房地产）（九）144.intellectual property 知识产权145.copyright 版权，著作权146.industrial property 工业产权147.World Intellectual Property Organization 世界知识产权组织（WIPO）148.trademark 商标149.patent holder 专利持有方150.intangible assets 无形资产151.industrial design right 工业设计权152.trade secret 商业秘密153.circuit court 巡回法院154.marginal cost 边际成本155.protectionist legislation 保护贸易立法156.free culture movement 自由文化运动157.exclusive rights 专有权158.derivative works 演绎作品159.Universal Copyright Convention 世界版权公约160.moral right 人格权，精神权利（十）161.Uniform Commercial Code 统一商法典(UCC)162.bill of exchange 汇票163.civil code 民法典164.safety laws 安全法mercial transaction 买卖，交易166.accident insurance事故保险167.Occupational Safety and Health Act 职业安全与健康法168.National Conference of Commissioners on Uniform State Laws统一州法全国委员会(NCCUSL)169.stock exchange 证券交易所170.limited liability 有限责任180.sole traders 独资企业（十一）181.the Wall Street 华尔街182.securities regulation 证券法规183.National Association of Securities Dealers 全美证券商协会184.New York Stock Exchange 纽约证券交易所185.futures 期货186.primary market 初级市场187.secondary market 二级市场188.Investment Company Act 《投资公司法案》189.blue sky laws 蓝天法modity Futures Trading Commission 日用期货贸易委员会191.Securities Investor Protection Act 《证券投资者保护法》192.Public Utility Holding Company Act 公用事业控股公司法193.trust indenture act 《信托契约法》194.Investment Advisers Act 《投资顾问法》（十二）195.Internortional Law 国际法196.public international law (or international public law 国际公法197.Universal Declaration of Human Rights 《世界人权宣言》(UDHR)198.UN Charter 《联合国宪章》199.private international law 国际私法200.soft law 软法201.conflict of laws 冲突法202.maritime law 海商法203.constitutional rights 宪法权利mercial arbitration 商务仲裁205.World Trade Organization 世界贸易组织(WTO)206.international criminal law 国际刑法207.multinational corporation 跨国公司208.outer space 太空，外层空间209.intergovernmental organization (IGO) 政府间组织210.state immunity 国家豁免211.municipal law 国内法（十三）世界贸易组织212.General Agreement on Tariffs and Trade 关税及贸易总协定（GATT）213.trade barriers 贸易壁垒214.the use of quotas 配额的运用215.dispute settlement 争端的解决216.Most Favoured Nation (MFN) 最惠国217.National Treatment 国民待遇218.free-riding 搭便车（十四）法律文书219.doctrine (n.教义，教条)of stare decisis 遵循先例原则220.judge made law 法官造法221.citation 案例出处222.cause of action 案由223.facts 事实情节224.issue 法律争议225.dissenting opinion or dissent 反对意见226.concuriing opinion 配合意见227.affirm 维持原判228.reverse 驳回原判229.power of attorney 授权委托书230.Arbitration Agreement 仲裁协议书。
专利纠纷 英语作文
专利纠纷英语作文Title: Resolving Patent Disputes: A Comprehensive Approach。
In today's globalized economy, patent disputes have become a common occurrence, particularly in industries driven by innovation and technological advancements. These disputes often arise due to disagreements over intellectual property rights, leading to lengthy legal battles that can hinder innovation and stifle competition. However, resolving patent disputes in a fair and efficient manner is essential for fostering innovation and promoting healthy competition in the marketplace.One approach to resolving patent disputes is through alternative dispute resolution (ADR) methods such as mediation and arbitration. Mediation involves a neutral third party assisting the disputing parties in reaching a mutually acceptable agreement. By facilitating communication and negotiation between the parties,mediation can help resolve disputes more quickly and cost-effectively than traditional litigation. Arbitration, on the other hand, involves submitting the dispute to a neutral arbitrator who renders a binding decision. While arbitration is more formal than mediation, it offers a faster resolution process and greater flexibility in terms of procedure and evidence presentation.Another effective strategy for resolving patent disputes is through cross-licensing agreements. In a cross-licensing agreement, the parties involved agree to grant each other licenses to use their respective patented technologies. This allows each party to continue using the patented technology without fear of infringement lawsuits, while also enabling them to leverage each other's innovations to develop new products and services. Cross-licensing agreements not only provide a practical solution to patent disputes but also promote collaboration and innovation within the industry.Furthermore, patent pools can offer a viable solution to resolving disputes involving standard-essential patents(SEPs). A patent pool is a consortium of companies that collectively license their SEPs to each other on fair, reasonable, and non-discriminatory (FRAND) terms. By pooling their patents together, companies can avoid costly litigation and ensure that their technologies are widely accessible for the development of interoperable products. Patent pools are particularly prevalent in industries such as telecommunications and consumer electronics, where standards play a crucial role in product development and market competition.In addition to these proactive approaches, policymakers and regulatory authorities play a crucial role in shaping the legal framework surrounding patent disputes. By enacting clear and enforceable patent laws, policymakers can provide guidance to innovators and investors while also deterring abusive patent litigation practices. Furthermore, regulatory authorities can facilitate the resolution of disputes through mechanisms such as patent invalidation proceedings and compulsory licensing, ensuring that patents are granted and enforced in the public interest.Overall, resolving patent disputes requires a multifaceted approach that combines legal, commercial, and regulatory strategies. By embracing alternative dispute resolution methods, fostering collaboration through cross-licensing agreements and patent pools, and implementing effective patent laws and regulations, stakeholders can mitigate the adverse effects of patent disputes and createa more conducive environment for innovation and competition. Through proactive engagement and cooperation, we can overcome the challenges posed by patent disputes and unlock the full potential of technological innovation for the benefit of society.。
专利侵权判定指南(2017)英文
专利侵权判定指南(2017)英文Patent Infringement Assessment Guide (2017)。
Introduction.This guide provides a comprehensive overview of the legal framework and practical considerations involved in assessing patent infringement. It is intended to assist patent owners, alleged infringers, and other stakeholders in understanding the key principles and factors that determine whether a particular product or process infringes a patent.Legal Framework.Patent infringement occurs when a person or entity, without the authorization of the patent owner, makes, uses, sells, offers for sale, or imports a product or processthat is covered by the claims of a valid patent.Types of Patent Infringement.There are two main types of patent infringement:Direct Infringement: Occurs when a product or process falls literally within the scope of a patent claim.Indirect Infringement: Occurs when a person induces or contributes to the infringement of a patent by another person or entity.Claim Interpretation.The first step in assessing patent infringement is to interpret the claims of the patent. Claims are the legally binding definitions of the subject matter protected by the patent.Claim interpretation involves considering the language of the claims, the specification, the prosecution history, and any relevant prior art.Literal Infringement.Literal infringement occurs when a product or process meets all of the limitations of a patent claim, either exactly or through equivalents.Doctrine of Equivalents.The doctrine of equivalents is an equitable doctrine that prevents blatant infringement by allowing a finding of infringement even if a product or process does notliterally meet all of the limitations of a patent claim.To determine infringement under the doctrine of equivalents, courts consider whether the accused product or process performs substantially the same function in substantially the same way as the claimed invention, and whether it achieves substantially the same result.Indirect Infringement.Indirect infringement can occur in several ways,including:Contributory Infringement: Occurs when a person supplies a component or material that is specifically designed for use in an infringing product or process.Inducement of Infringement: Occurs when a person actively encourages or induces another person or entity to infringe a patent.Willful Infringement: Occurs when a person or entity infringes a patent with knowledge of its validity and without a reasonable belief of non-infringement.Available Remedies.If patent infringement is established, the patent owner may be entitled to a range of remedies, including:Injunctions: to prevent further infringement.Damages: to compensate for lost profits and otherlosses.Accounting of Profits: to obtain a share of the infringer's profits from the sale of infringing products or processes.Attorney Fees: in certain cases.Defenses to Patent Infringement.There are several defenses that may be raised in response to a claim of patent infringement, including:Invalidity: Challenging the validity of the patent on grounds of lack of novelty, obviousness, or other statutory requirements.Non-Infringement: Demonstrating that the accused product or process does not fall within the scope of any patent claim.Fair Use: Using the invention for non-commercial orexperimental purposes.Laches: Delaying in asserting a claim for infringement.Statute of Limitations: The time period within which a claim for infringement must be brought.Practical Considerations.In addition to the legal framework, there are several practical considerations that should be taken into account when assessing patent infringement:Expert Testimony: Patent infringement cases often require expert testimony to explain complex technical concepts and interpret patent claims.Disclosure of Prior Art: Parties involved in patent infringement litigation should disclose any prior art that may be relevant to the validity or infringement of the patent in question.Settlement Negotiations: Most patent infringement cases are settled before trial. It is important tocarefully consider the strengths and weaknesses of a case before entering into settlement negotiations.Alternative Dispute Resolution: Mediation and arbitration can be effective methods of resolving patent disputes without the need for lengthy and expensive litigation.Conclusion.Assessing patent infringement involves a complex interplay of legal and technical considerations. This guide provides a comprehensive overview of the key principles and factors that guide this process. Understanding these principles is essential for patent owners, alleged infringers, and other stakeholders in protecting their rights and avoiding costly legal disputes.。
英语合同知识产权条款
英语合同知识产权条款Intellectual Property Rights Clauses in English Contracts.1. Definition of Intellectual Property.The term "intellectual property" refers to creations of the mind, such as inventions, literary and artistic works, and designs. It encompasses various types of intangible property rights, including copyrights, patents, trademarks, and trade secrets.2. Ownership of Intellectual Property.a) Default Ownership: Unless otherwise agreed, the creator of an intellectual property work is typically the owner.b) Assignment and Licensing: An owner can assign (transfer ownership) or license (grant limited rights touse) their intellectual property to third parties.3. Protection of Confidential Information.Confidentiality clauses are used to protect sensitive and proprietary information disclosed during the course of a business relationship. These clauses typically prohibit the recipient of confidential information from disclosing it to unauthorized parties or using it for purposes other than those specified in the contract.4. Indemnification for Intellectual Property Infringement.Indemnification clauses protect a party from liability or damages resulting from intellectual property infringement claims made by third parties. The party responsible for the infringement (the "indemnitor") agrees to compensate the other party (the "indemnified") for any losses or expenses incurred.5. Warranties of Non-Infringement.Warranties of non-infringement provide the recipient of intellectual property rights with an assurance that the use of the property will not infringe upon the intellectual property rights of third parties. In the event of an infringement claim, the warrantor (the party providing the warranty) may be liable for any damages or penaltiesarising from the infringement.6. Intellectual Property Audits.Intellectual property audit clauses allow a party to conduct periodic audits to assess compliance with the intellectual property terms of the contract. The purpose of an audit is to ensure that the other party is using the intellectual property in accordance with the agreed-upon terms and is not engaging in any unauthorized activities.7. Dispute Resolution.Intellectual property disputes can be complex and require specialized expertise. Contracts often includedispute resolution provisions, such as mediation or arbitration, to provide an efficient and confidential mechanism for resolving disputes without resorting to litigation.8. Governing Law and Jurisdiction.The governing law and jurisdiction clause determines the legal framework and court system that will apply to the interpretation and enforcement of the intellectual property provisions of the contract. Choosing an appropriate governing law and jurisdiction is crucial for ensuring the enforceability of the contract in the event of a dispute.Sample Intellectual Property Rights Clause:"The Company shall be the exclusive owner of all intellectual property created or developed in connection with the performance of services under this Agreement, including, but not limited to, inventions, discoveries, improvements, designs, software, algorithms, data, and documentation. The Company shall have the exclusive rightto use, reproduce, modify, distribute, and license the intellectual property for any purpose without compensation to the Contractor. The Contractor hereby irrevocably assigns to the Company all rights, title, and interest in and to the intellectual property, including all copyright and patent rights."。
专利技术合作开发协议(中英文6篇
专利技术合作开发协议(中英文6篇篇1Patent Technology Cooperation Development AgreementThis Patent Technology Cooperation Development Agreement (hereinafter referred to as the "Agreement") is entered into by and between Party A and Party B, in order to regulate the cooperation in the development of patent technology (hereinafter referred to as the "Project") and protect the legitimate rights and interests of both parties.Article 1: Objectives and Scope of the Agreement1.1 The objectives of this Agreement are to promote the development of the Project, enhance the competitiveness of both parties in the market, and jointly promote the application and promotion of patent technology.1.2 The scope of this Agreement covers all aspects of the cooperation in the development of the Project, including but not limited to technology research and development, joint testing,product manufacturing, marketing and promotion, as well as the protection of intellectual property rights.Article 2: Rights and Obligations of Both Parties2.1 Party A shall provide the patent technology to be developed, as well as technical guidance and support during the development process.2.2 Party A has the right to supervise the progress and quality of the development work carried out by Party B, and shall provide necessary assistance and coordination when needed.2.3 Party B shall undertake the development work specified in this Agreement, including technology research and development, joint testing, product manufacturing, marketing and promotion, etc.2.4 Party B shall protect the intellectual property rights of both parties during the development process, and shall not disclose any confidential information or take any actions that may damage the legitimate rights and interests of both parties.Article 3: Confidentiality3.1 Both parties shall treat all confidential information disclosed by the other party as confidential, and shall notdisclose it to any third party without the written consent of the disclosing party.3.2 The confidential information disclosed by both parties shall be used solely for the purposes specified in this Agreement, and shall not be used for any other purposes or disclosed to any third party.3.3 Both parties shall take reasonable measures to protect the confidential information disclosed by the other party from unauthorized access, disclosure or use.Article 4: Intellectual Property Rights4.1 All intellectual property rights arising from the development of the Project shall be owned jointly by both parties, unless otherwise agreed upon in writing.4.2 Both parties shall jointly apply for relevant patents and copyrights for the Project, and shall handle any disputes or litigation related to intellectual property rights in a timely and properly manner.4.3 Both parties shall respect each other's intellectual property rights during the cooperation process, and shall not engage in any act that may infringe on the other party's intellectual property rights.Article 5: Dispute Resolution5.1 Any dispute or difference arising from the interpretation or performance of this Agreement shall be resolved through friendly consultation between both parties.5.3 Both parties shall comply with the arbitration award made by the arbitration institution, and shall take necessary measures to fulfill their obligations under the award. If either party fails to comply with the award, the other party may apply to a court of competent jurisdiction for enforcement of the award. All costs incurred in connection with enforcement proceedings shall be borne by the party seeking enforcement.Article 6: Force Majeure6.1 Either party hereto may be excused from its obligations under this Agreement if it is prevented from fulfilling its obligations due to any event beyond its reasonable control (hereinafter referred to as "Force Majeure Event"). Force Majeure Events include but are not limited to: natural disasters, wars, riots, embargoes, labor disputes, fires, explosions, accidents, computer viruses, telecommunications failures, or any other similar events that are beyond the reasonable control of a party.篇2中英文英文部分This Agreement is made by and between the two parties, Party A and Party B, on the date specified below, with respect to the collaboration in the development of patented technology.1. Collaboration1.1 Party A and Party B agree to collaborate in the development of patented technology, specifically in the area of technology related to the project “XYZ”. This collaboration will involve the sharing of expertise, resources, and efforts to achieve the objectives set forth in this Agreement.1.2 The collaboration will be governed by the principles of mutual respect, equality, and mutual benefit, with a focus on innovation and common development.2. Objectives2.1 The primary objective of this collaboration is to develop patented technology that is competitive in the market andcapable of generating significant revenue for both parties. The specific objectives include:* To achieve technological breakthroughs in the field of XYZ;* To create new products or services that are based on the patented technology;* To expand the market for these products or services; and* To establish long-term partnerships for future collaborations.3. Responsibilities3.1 Party A shall be responsible for providing the initial funding for the project, as well as any additional funds required to sustain the project’s progress. Party A shall also be responsible for coordinating the efforts of the parties and ensuring that the project is managed effectively.3.2 Party B shall be responsible for providing its expertise and resources to the project, including but not limited to its intellectual property, technical personnel, and research facilities. Party B shall also be responsible for ensuring that its contributions to the project are of high quality and meet the agreed-upon standards.4. Rights and Interests4.1 All intellectual property rights related to the patented technology developed under this Agreement shall be owned by Party B. However, Party A shall have a non-exclusive license to use this technology for the purposes of the project, subject to the terms and conditions set forth in this Agreement.4.2 Party A shall have the right to participate in the decision-making process related to the project, including decisions related to its direction, scope, and budget. Party A shall also have the right to review and approve any proposed changes to the project that may affect its interests.5. Dispute Resolution5.1 Any disputes that arise between the parties related to this Agreement shall be resolved through friendly negotiation. If negotiation fails, either party may seek assistance from a third party mediator or submit the dispute to arbitration or litigation in accordance with applicable laws and regulations.6. Termination6.1 This Agreement may be terminated by either party at any time, provided that such termination does not violate any provision of law or regulation, or any obligation assumed byeither party under this Agreement. The terminating party shall give written notice to the other party at least 30 days prior to the effective date of termination.7. Miscellaneous7.1 This Agreement shall be governed by and interpreted in accorda nce with the laws of the People’s Republic of China. Any disputes related to this Agreement that are not resolved through negotiation or mediation shall be submitted to arbitration in accordance with applicable laws and regulations. The arbitration award shall be final and binding on both parties.7.2 This Agreement constitutes the entire agreement between the parties with respect to their collaboration in the development of patented technology. It supersedes all prior agreements and understandings between the parties with respect to such collaboration. No modification or amendment to this Agreement shall be effective unless it is in writing and signed by both parties.中文部分本协议由双方于以下日期签署，关于专利技术的合作开发。
汉英法律专业词汇
汉英法律专业词汇1. 引言本文档旨在整理汉英法律专业常用的词汇，以供学习和参考之用。
法律领域的专业术语对于翻译、理解和分析法律文件至关重要。
通过掌握这些词汇，读者将能更好地理解法律文件，并在跨文化交流中进行有效的沟通。
2. 法律制度和组织•法律制度：Legal system•宪法：Constitution•刑法：Criminal law•民法：Civil law•行政法：Administrative law •国际法：International law •司法体系：Judicial system •最高法院：Supreme Court •刑事诉讼：Criminal procedure •民事诉讼：Civil procedure •诉讼程序：Legal proceedings•律师: Lawyer•法官: Judge•检察官: Prosecutor3. 合同法•合同：Contract•合同主体：Parties to a contract •订立合同：Enter into a contract •合同条款：Contract clause•无效合同：Void contract•有效合同：Valid contract•违约：Breach of contract•合同解除：Termination of contract•争议解决：Dispute resolution•法律适用：Governing law•合同违约赔偿：Contractual damages 4. 知识产权•专利：Patent•商标：Trademark•著作权：Copyright•商业秘密：Trade secret•侵权：Infringement•专利申请：Patent application•商标注册：Trademark registration•著作权登记：Copyright registration•知识产权保护：Intellectual property protection•颁发专利证书：Grant a patent certificate •撤销专利：Invalidation of a patent5. 公司法•公司：Company•股份有限公司：Limited liability company •董事会：Board of Directors•董事：Director•股东：Shareholder•公司章程：Articles of Association•注册资本：Registered capital•股权转让：Transfer of shares•股东会议：Shareholders’ meeting•公司清盘：Liquidation of a company6. 人权法•人权：Human rights•平等：Equality•自由：Freedom•法律权利：Legal rights•政治权利：Political rights•经济权利：Economic rights•社会权利：Social rights•歧视：Discrimination•言论自由：Freedom of speech•宗教自由：Freedom of religion•雇佣歧视：Employment discrimination 7. 犯罪和刑事司法•犯罪：Crime•刑事责任：Criminal liability•盗窃：Theft•谋杀：Murder•袭击：Assault•妨碍司法公正：Obstruction of justice•罚款：Fine•判刑：Sentencing•缓刑：Probation•无罪释放：Acquittal8. 婚姻和家庭法•婚姻：Marriage•离婚：Divorce•配偶：Spouse•夫妻共同财产：Marital property •孩子抚养权：Child custody•探视权：Visitation rights•婚前协议：Prenuptial agreement•家暴：Domestic violence•遗嘱：Will•遗产分配：Inheritance distribution 9. 国际法•合同国家：Contracting state•条约：Treaty•国际公约：International convention •外交豁免权：Diplomatic immunity •战争犯罪：War crimes•领土争端：Territorial dispute•领事：Consul•外交关系：Diplomatic relations•人道主义法：Humanitarian law•国际仲裁：International arbitration以上是汉英法律专业常用词汇的简要介绍，希望能为读者提供参考和学习的资料。
中美经贸协议英文版
中美经贸协议英文版The Sino-US Economic and Trade AgreementIntroduction:The Sino-US Economic and Trade Agreement is a bilateral agreement between China and the United States that aims to address various economic and trade issues between the two countries. It was signed on January 15, 2020, after months of negotiations and tensions arising from the ongoing trade war. Trade in Goods:Under the agreement, China has committed to significantly increase its imports of goods and services from the United States over the next two years. China has agreed to purchase an additional $200 billion worth of American goods and services, including manufactured goods, agricultural products, energy products, and services such as financial, healthcare, and tourism.Intellectual Property Rights Protection:One of the key concerns for the United States in its trade relations with China has been the protection of intellectual property rights. The agreement includes provisions that seek to enhance the protection and enforcement of intellectual property rights in China. This includes measures to combat counterfeiting and piracy, strengthen patent protection, and ensure fair technology transfer and licensing terms.Technology Transfer and Forced Technology Disclosure:The issue of forced technology transfer has been a major point of contention between China and the United States. The agreementaddresses this concern by prohibiting the forced transfer of technology by the Chinese government or any Chinese entity. It also includes provisions to prevent the unauthorized disclosure of trade secrets and confidential business information.Currency Manipulation:Accusations of currency manipulation have been another source of tension between the two countries. The agreement includes commitments from China to refrain from competitive devaluation of its currency, maintain transparency in its exchange rate policies, and refrain from using exchange rates for unfair competitive advantage.Financial Services and Market Access:The agreement also seeks to improve market access for US financial institutions in China. It includes commitments from China to remove certain barriers to foreign ownership of financial services companies, streamline the regulatory approval process, and enhance protections for intellectual property in the financial services sector.Dispute Resolution:To address any potential disputes arising from the agreement, a strong dispute resolution mechanism has been put in place. This includes a bilateral consultation process and the establishment of a dispute resolution panel to address any issues that cannot be resolved through consultations.Conclusion:The Sino-US Economic and Trade Agreement is a significant stepforward in addressing the economic and trade issues between China and the United States. It seeks to promote fair and reciprocal trade, protect intellectual property rights, address concerns about forced technology transfer, and enhance market access. While the agreement is considered a positive development, its long-term impact on the bilateral trade relationship between the two countries remains to be seen.。
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仿制药中的专利纠纷解决方案
Wenping Chen 陈文平
November 18, 2011
Rule of Game 游戏规则
Well developed patent protection system
成熟的专利保护制度
Dispute Resolution
争议解决
Negotiation 友好协商 Litigation 诉讼途径
Declaratory judgment suit by generic company; 仿制药公司提起确认不侵权之诉 • Action under Drug Adminstrative Law by the patentee; 专利权人提起药品行政管理法下的诉讼
Freedom-to-operate
排除专利侵权风险
Expiry of compound patent does not necessarily mean freedom-tooperate 化合物专利过期并不当然意味着不再有侵权风险 Pharmaceutical FTO requires systematic patent search and analysis on each factors such as API, formulation, manufacture process etc. 排除侵权风险需要就药品的活性成分、配方、制造方法等各个环节进行 系统的专利检索、分析 FTO search and analysis require professional skill 专利侵权风险的检索和分析需要专业的知识和技能
Well developed awareness of patent protection
成熟的专利保护意识
Market rules
公平的市场规则
药品专利保护的形式
Patent Protection of Pharmaceuticals
Compounds, mAbs 化合物，单抗 Pharmaceutical composition 药物组合物 Medical use 制药用途：适应症 Formulation 制剂 Method of manufacture 制造方法 Secondary inventions such as salts, crystal forms etc. 衍生发明，例如盐、晶型等
Design Around 规避设计
Keep from the patent protection scope 跳出专利保护范围 Lack of a claim feature 缺少权利要求的技术特征 Change a claim feature 改变权利要求的技术特征
Validity Challenges 挑战专利的有效性
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Non-infringement Declaration
不侵权确认之诉
Shanghai Pharma vs. Sunstone (2010)
Could a declaratory action be accepted in the approval stage considering the Bolar exception in Patent Law? YES 2010年石家庄中院案例：新专利法下在药品审批阶段仍然可以提起专利不 侵权确认之诉
Patent Infringement Analysis
专利侵权分析
Claim construction and doctrine of estoppel; 权利要求的解释和禁止反悔原则 Full coverage of claim features; 侵权判定的全面覆盖原则 Literal infringement 文字侵权 Infringement under doctrine of equivalents 等同侵权
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与现有技术中单一技术方案相同或无实质性差别，则直认定 不侵权
Patent Dispute During Drug Approval
药品注册过程中的专利纠纷
Patent disclosure requirement under Drug Registration Regulation 药品注册管理办法要求披露专利信息 A non-infringement statement based on professional opinion 专利不侵权的保证应该基于专业的检索分析意见 Otherwise, there is significant legal risk 否则存在显著的法律风险 Government agency is advised to more rely on professional legal opinions 建议政府机构更多依赖专业的法律意见
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THANK YOU.
Wenping Chen
chenwenping@
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ICU Medical vs. Hainan Baihe Medical (2010): non-infringement because 14 examples all relate to a functionally defined seal with passage therein in the patent while the seal in defendant’s product is solid. 北京二中院2010年案例
Interpretation of Functional Features
功能性特征的解释
In Courts, a functional limitation is construed as covering specific embodiments as described in the specification and equivalents thereof 法院对功能性限定的解释限于说明书中的具体实施方式和其等同方式
Patent invalidation procedure and subsequent administrative action
专利无效程序以及随后的行政诉讼
Prior Art Defense 现有技术抗辩
Art. 14 of Judicial Interpretation 最高人民法院关于专利纠纷司法解释第14条
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Where all technical features accused of falling into the scope of a patent right are identical to or have no substantive difference relative to corresponding technical features in a single technical solution of the prior art.
专利侵权分析
Patent Infringement Analysis
Rules on infringement under DOC 等同侵权的判断标准 substantially the same means 基本相同的手段; substantially the same function 基本相同的功能； substantially the same effect 基本相同的效果； obvious to one skilled in the art 两特征的替换显而易见。