JaLCDOI 10.18926/OER/55743
Title Alternative Empirical Analysis of Patent Litigation: A Comparison Study between Japan and China
FullText URL oer_049_3_019_037.pdf
Author Zhang, Xingyuan| Jiang, Jiaming|
Abstract  In this paper, we gathered the data from public sources for analyzing the outcomes of 531 cases and 785 cases decided respectively by Japanese and Chinese courts at the first trial of patent litigations between 2004 and 2016. Using these data, we implemented a comparison analysis on recent patent litigations between Japan and China. Moreover, combining with information from Patstat, a patent database, for the patents infringed, we did an empirical analysis on determinants of trail win rate and rewards in patent litigations both for Japan and China.  Our estimated results suggest that China has the determinants on rates of success and appeal which very similar to those in Japanese patent suits. On the other hand, however, for infringement awards, those that influence the outcome of the courts are quite different between the two countries.
Keywords Patent infringement Trail win rate Award Comparison empirical analysis
Publication Title Okayama Economic Review
Published Date 2018-03-19
Volume volume49
Issue issue3
Start Page 19
End Page 37
ISSN 2433-4146
language 日本語
Copyright Holders Copyright © 2018 岡山大学経済学会
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NAID 120006414152