Recently, Beijing High Court published ten major IP cases in Beijing in 2007, and a patent dispute known as Eli Lily v. Gan & Li Pharmacitical Company represented by our partner, Mr. Chen Ji-hong ranked second among the ten major IP cases of the year.
The case is a first impression one that a judicial precedent was created without explicit statutory legislation. According to the Beijing High Court, use of a patent exclusively for administrative approval purposes does not constitute a “frequent use” under the Patent Law, and not commit a patent infringement. In addition, the court further defined the boundary of “offered for sale” under the Patent Law.
Among the ten major IP cases also include “Yahoo China Music Search” , Infringement of Dell Trademark by Dell School, and some similar cases well known to the general public.